ELC·Notice of Motion Application dated 3rd November, 2021 (Nairobi ELRC/ELC suit)30 December 2021 Kenya's Environment and Land Court ruled it cannot evict a spouse from property claimed as a matrimonial home; only the High Court's Family
land lawfamily lawjurisdictioninterlocutory reliefinjunction
ELC·ELC Petition No. 8 of 2021 (Formerly High Court Petition No. E496 of 2021)30 December 2021 A Kenyan court refused to lift orders protecting Uhuru Park, ruling that parties who skip court after being properly served cannot claim unf
environmental lawland lawconservatory ordersfair hearingnatural justice
ELC·Not stated in the judgment extract23 December 2021 A Kenyan land court certified a dispute urgent and granted temporary relief, but the case will only be fully decided after both sides are he
interlocutory reliefconservatory ordersland lawcivil procedurejudicial discretion
ELC·Not stated in judgment (application dated 15th December, 2021)23 December 2021 Kenya's Environment and Land Court at Isiolo granted temporary land relief but ordered the parties back to court on 19 January 2022, meaning
interlocutory reliefconservatory ordersconsolidationcivil procedureland law
ELC·Not stated in the judgment extract22 December 2021 Kenya's Environment and Land Court in Isiolo granted temporary relief in a land dispute but required the applicant to serve the other side b
civil procedureinterlocutory reliefland lawjudicial discretion
ELC·Not stated in judgment21 December 2021 Kenya's Environment and Land Court at Isiolo allowed an applicant permission to challenge a decision through judicial review, though the act
judicial reviewcivil procedurejurisdictioncertificationinterlocutory relief
ELC21 December 2021 Kenya's Environment and Land Court allowed a landowner to add the Land Registrar and amend her claim years later, but rejected a sloppily dr
civil procedureland lawjoinderinjunctionstatutory interpretation
ELC·Originating Summons filed on 22nd October 2019 (number not stated in judgment)20 December 2021 A Kenyan court refused an adverse possession land claim because the claimant's 12-year occupation involved threats and force, not peaceful p
adverse possessionland lawlimitation of actionsburden of proofcontract law
ELC·Judicial Review Proceedings (Chamber Summons dated 29th July 2019) - Kilgoris ELC20 December 2021 The court refused to halt a new land adjudication section because the applicants relied on the wrong gazette notice and lacked evidence thei
land lawjudicial reviewstay of proceedingsinterlocutory reliefpublic participation
ELC·Kajiado ELC Suit (case number not stated in judgment)20 December 2021 land lawlimitation of actionsjoinderburden of proofremedies
ELC·Appeal dated 2.6.2020 (Meru ELC)20 December 2021 The Environment and Land Court in Meru dismissed a land buyer's appeal because it was filed late and the land sale lacked a valid written ag
land lawcivil procedurecontract lawevidenceburden of proof
ELC·Reference dated 2nd July 2021 (re Taxing Master's Ruling of 25th January 2021 in Murang'a ELC No. 86 of 2018)20 December 2021 Kenya's Environment and Land Court ruled that Kshs 75,000 in legal fees for a 1,500-acre land case was too low and ordered the bill be re-ta
commercial lawcivil procedurejudicial discretionstatutory interpretationremedies
ELC·ELC No. 230 of 2019 (Formerly Civil Case No. 121 of 2011)20 December 2021 A Kenyan court ordered a Sacco to complete a 2006 land sale after 15 years, ruling written contract terms cannot be changed by excuses or or
land lawcontract lawdamages
ELC·Not stated in the judgment20 December 2021 A Kenyan land buyer who purchased in 1992 and held title for three decades won cancellation of the seller's conflicting title and full costs
land lawadverse possessioncontract lawdeclaratory reliefinjunction
ELC·Bungoma Chief Magistrate Civil Case No. 85 of 2018 (pending appeal; Notice of Motion dated 9th December 2021)20 December 2021 The High Court in Bungoma dismissed an auctioneer's attempt to use judicial review to challenge a court hearing date, confirming registry li
judicial reviewcivil procedurestatutory interpretationremediesjurisdiction
ELC·not_stated_in_judgment20 December 2021 contempt of courtcivil procedureland lawpublic landjudicial discretion
ELC·Not stated in judgment (Notice of Motion dated 17th January, 2020)20 December 2021 A Machakos court ordered land occupants evicted, ruling that complaints which should have been raised on appeal cannot stop execution of a v
land lawcivil procedureinjunctionadverse possessioncontempt of court
ELC·Not stated in judgment20 December 2021 The Environment and Land Court refused to reinstate a dismissed appeal, confirming that litigants—not their lawyers—bear responsibility for
civil procedureextension of timeinordinate delayjudicial discretionburden of proof
ELC·Notice of motion dated 10.8.2020 (leave to appeal out of time; tribunal award of 1.8.2007)20 December 2021 The court refused a man's request to appeal a 2007 land tribunal award 13 years late, ruling that unexplained, inordinate delay forfeits the
extension of timecivil procedureland lawlimitation of actionsjudicial discretion
ELC·Not stated in the judgment (application dated 30.7.2021)20 December 2021 The Environment and Land Court in Meru dismissed a late bid to review a 2015 land judgment, confirming that unexplained delay and unchalleng
civil procedurejudicial discretioninordinate delayburden of proofland law
ELC·Not stated in judgment (application dated 28.1.2021)20 December 2021 A Meru court refused an injunction because the land claimant had no title or evidence, but froze all dealings on the disputed land for one y
land lawinjunctioninterlocutory reliefcivil procedurestatutory interpretation
ELC·Not stated in judgment (notice of motion dated 1.11.2021)20 December 2021 The Environment and Land Court in Meru froze a land transfer made just weeks after the owner died, protecting the estate pending a full hear
land lawinjunctioninterlocutory reliefcivil procedurejudicial discretion
ELC·Not stated in the extract20 December 2021 The Environment and Land Court in Isiolo set deadlines for filing submissions in an ongoing land petition, warning absent parties that they
civil procedurefair hearingjudicial discretion
ELC·Appeal dated 16.7.2018 (from Nkubu Law Courts suit over L.R Abogeta/U-Kithangari/123)20 December 2021 Kenya's Environment and Land Court confirmed that a signed consent judgment is binding and can only be undone by proving fraud, mistake, or
land lawres judicatafunctus officiosuccessioncivil procedure
ELC·Not stated in the excerpt20 December 2021 civil procedureland law