Kenyan case law
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Charles Khisa Ngengwe & 2 others (Suing as Representatives of Ndelema Self Help Group) v Simon Wachie & 6 others [2014] KEELC 293 (KLR)
✦ The plaintiffs have proved their case against the defendants on a balance of probabilities.
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John Chege Njoroge & another v Kenya Electricity Transmission Co. Ltd [2014] KEELC 295 (KLR)
✦ The injunction orders earlier on given should not be confirmed. The applicant's application for injunction fails. The same is hereby dismissed with costs to the respondent.
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Patrick Wakoli Sichangi & another v Patrick Makokha Bynyoli & 2 others [2014] KEELC 291 (KLR)
✦ The applicants' application is not well founded. The same is hereby dismissed with costs to the respondents.
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David Kayaja Wafula v Joseph Khalea Lusindalo (Environment & Land Case 102 of 2013) [2014] KEELC 262 (KLR) (28 July 2014) (Ruling)
✦ The application is dismissed as an abuse of the process of the court.
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Dickson Kipserem Tanui v Anne Keter & another [2014] KEELC 298 (KLR)
✦ The applicant's application is well founded and the same is allowed in terms of prayer (3) and (4).
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Benner Company Ltd v Henry Kirwa Kogo [2014] KEELC 270 (KLR)
✦ The defendant is ordered to be evicted from the land parcel L.R No. 23173/3
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Njuki Githuku v Waweru Muiruri & 6 others [2014] KEELC 609 (KLR)
✦ The three suits are consolidated as they share common questions of law and fact and the relief sought arises from the same transaction.
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Charo Bindo Kamotso v Garama Halui & 6 others [2014] KEELC 289 (KLR)
✦ The status quo as directed by the Chief on 15th October, 2013 in respect of the suit property should be maintained pending the hearing of the suit, with the Plaintiff occupying the western side of the 'Bigugu' plot from the northern road to the southern side.
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Peter Kamau Njau v Emmanuel Charo Tinga [2014] KEELC 287 (KLR)
✦ The court strikes out the Defendant's Defence and Counter-Claim filed on 19th February, 2014.
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Peter Ambrose Ng’ang’a v Gladys Nyamuhu Ndegwa & another [2014] KEELC 608 (KLR)
✦ The Plaintiff has a right of relief against Nyakinyua Investment Ltd and the application to join it as a party is allowed.
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Constantino Tanzi v Oceanic Sun View Ltd [2014] KEELC 258 (KLR)
✦ The Court dismisses the Plaintiff's Application and grants leave to amend the Plaint to enjoin Simone Mancini as the 2nd Defendant.
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Elija Barasa Galido v Amon Petero Buya [2014] KEELC 285 (KLR)
✦ The Plaintiff has not established a prima facie case and the Application is dismissed.
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Nancy Wangui Gathu v Michael Kiarie Daniel & 3 others [2014] KEELC 193 (KLR)
✦ The Court dismisses the Plaintiff's application for an interlocutory injunction as she has not established a prima facie case with a probability of success.
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John Munyao Ngilai & 15 others v Joseph Peter Mutisya [2014] KEELC 619 (KLR)
✦ The application is dismissed entirely with costs to the Defendant/Respondent.
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Mombasa Autocare Ltd v Japhet Pasi Kilonga & 9 others [2014] KEELC 259 (KLR)
✦ The Plaintiff is the registered proprietor of the land known as portion number 123 Malindi.
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Ashit Patani & 2 others v Dhirajlal V. Patani & 2 others [2014] KEELC 265 (KLR)
✦ The conveyance dated 25th April 2008 is found to be valid.
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Martha Kigen v Johana Tibino [2014] KEELC 252 (KLR)
✦ The court finds in favor of the plaintiff, ordering the defendant to exhume the remains of his father and to disinter the remains of Kaptumo Tibino out of the land parcel L.R No. 1104 Kapluk Adjudication Scheme (Baringo Adjudication Area).
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Daniel Kosgei Chesire v Wisley Ngetich [2014] KEELC 269 (KLR)
✦ The application for injunction is allowed. The defendant is restrained from interfering with the plaintiff's land pending the hearing and determination of the suit.
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Jiangxi Zhongmei Engineering Construction Co. Ltd v Dickson Makheti Muyundo [2014] KEELC 240 (KLR)
✦ The court finds that the applicant has not demonstrated a prima facie case with a probability of success and that the applicant will not suffer irreparable injury that cannot be compensated by damages.
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Abel Odhiambo Were v Margaret Audi Ong'aro & Everlyne Akinyi Ong'aro (Civil Case 13 of 2013) [2014] KEELC 239 (KLR) (23 July 2014) (Ruling)
✦ The applicants' application has no merit and is hereby dismissed with costs to the respondent.
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Johnai Okutoi & Peggy Christine Okutoi v Najib Jiwa, Standard Chartered Bank (K) Ltd & S. Mbuthia T/A Prime Auctioneers (Environment & Land Case 541 of 2012) [2014] KEELC 267 (KLR) (23 July 2014) (Judgment)
✦ The 1998 public auction sale is declared null and void due to lack of statutory notice. The property remains charged to the bank, and the plaintiffs are entitled to damages and reimbursement of fees.
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Benard Kiptarus v National Bank Of Kenya & Others [2014] KEELC 297 (KLR)
✦ The applicant is not entitled to orders of injunction against the 2nd defendant.
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Mutune Trading Co. Ltd v Manji Kunvarji Patel [2014] KEELC 596 (KLR)
✦ The court finds that the plaintiff is a trespasser and orders him to be evicted from the land. Restraining orders are issued against the plaintiff from entering or occupying the land.
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Samuel Musai &33; Other v Andrew Makau & 10 Others [2014] KEELC 153 (KLR)
✦ The application to join the proposed plaintiffs is dismissed with costs to the 10th and 11th defendants.
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C’est Bon Superior School Ltd v Ndirangu Alex Gichuhi Karanja & 2 others [2014] KEELC 597 (KLR)
✦ The 2nd Defendant is restrained from dealing with the suit land pending the hearing and determination of the suit.