Kenyan case law
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Paul Otieno Odwar & 3 others v Meshack Dawa & 3 others [2017] KEELC 441 (KLR)
✦ The application for substitution of the parties is allowed, and the status quo is maintained.
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Pamela Akinyi Bwana v Domnicus Mail Adera & 3 others [2017] KEELC 596 (KLR)
✦ The Notice of Motion dated 12/4/2017 is dismissed with no orders
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Paul Otieno Odwar & 3 others v Meshack Dawa & 3 others [2017] KEELC 550 (KLR)
✦ The application for substitution of parties is allowed, and the status quo is maintained.
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Damwana Kenya Ltd v Junius Nyaga Njiru & another [2017] KEELC 768 (KLR)
✦ The application is deemed heard and determined. The matters raised in the application will be heard and determined in the CMC Civil Suit No. 51 of 2015 at Chuka. The costs shall be in the cause.
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Dedican Nthiga Ntwero v Vincent Mutugi Kimoro & 2 others [2017] KEELC 739 (KLR)
✦ The suit is dismissed in terms of Order 42 Rule 35 (2) of the Civil Procedure Rules.
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Damwana Kenya Ltd v Junius Nyaga Njiru & 2 others [2017] KEELC 785 (KLR)
✦ The application is deemed heard and determined. Matters raised in this application to be heard and determined in Chuka CMC Civil Suit No. 51 of 2015. Costs shall be in the cause.
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Kihara Waweru Construction Co. Ltd v Benjamin Lemasei Tumpes [2017] KEELC 630 (KLR)
✦ The application is dismissed with no order as to costs as the Plaintiff has not complied with the mandatory provisions of Order 22 rule 48 of the Civil Procedure Rules.
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Odoyo Thaddaeus Odoyo v Henry Onyango Ojwang [2017] KEELC 582 (KLR)
✦ The Defendant is cited for contempt and detained for a term not exceeding six months for blatantly disobeying the orders issued by the court on the 23rd February 2017. The Defendant is also denied audience until he purges the contempt.
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Paustina Auma Ojwang v John Onyango Owangi & 2 others [2017] KEELC 362 (KLR)
✦ The application is allowed, but the Applicant is ordered to pay the remaining 5,000/= and 5,000/= as costs within 60 days. If not paid, the suit will stand dismissed.
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David Odhiambo Okendo v Simon Otieno Ogola Suing through Margaret Adhiambo Ogola Holder of power of Attorney [2017] KEELC 589 (KLR)
✦ The Notice of Motion dated 2/10/2017 is improper and is hereby expunged from the record. The hearing of the suit is put off to 01/3/2018.
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Management Committee of AGC Riverside Church v Lilian Mosonik & another [2017] KEELC 194 (KLR)
✦ The application is granted, and the plaintiff shall bear the costs of the application.
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Cannon Assurance (K) Ltd v Ali Hamadi Mwagude & 4 others [2017] KEELC 761 (KLR)
✦ The court sustained the defendants' objection to the production of the photocopies of the documents as they were not certified and did not meet the requirements of Section 66 of the Evidence Act.
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Charles Muriuki M’Mwari v M’Mbogori M’Ambutu [2017] KEELC 718 (KLR)
✦ The court finds that the plaintiff has been in exclusive possession of the suit land for many years and has continuously occupied it since the 1970s, despite the presence of other legal actions.
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Beatrice Umotho v Benard Njagi & 2 others [2017] KEELC 730 (KLR)
✦ The court finds that there is no appeal properly before this court and declares the matter disposed of.
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Kaanwa P.C.E.A. Health Centre & 2 others v Tharaka Nithi County Government [2017] KEELC 759 (KLR)
✦ The application is deemed heard and determined. The issues in dispute are to be heard in Chuka Civil Case No. 87 of 2014.
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Said Karama Salim v Kokas M. Nakolo [2017] KEELC 804 (KLR)
✦ The Plaintiff has not established adverse possession and the court orders the Plaintiff to pay costs.
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Christopher Otieno Ochiel v Andrew Onyango [2017] KEELC 579 (KLR)
✦ The court found that the Plaintiff has established proprietorship of land parcel Uholo/Magoya/771 through certificates of official searches. The Defendant's claims to beneficial interests on Uholo/Magoya/450 are unclear.
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Moses Muriungi Julius v Julius M’rimberia [2017] KEELC 294 (KLR)
✦ The learned Magistrate did not misdirect himself in considering irrelevant evidence and issues, nor did he go out of his Judicial Role in constituting himself an expert in Thumb Printing and an expert in hand writing.
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Dedican Nthiga Ntwero v Vincent Mutugi Kimoro & 2 others [2017] KEELC 735 (KLR)
✦ The suit is dismissed in terms of Order 42 Rule 35 (2) of the Civil Procedure Rules.
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Riccardo Nelson Pasotto v Carlo Barbin Lissone [2017] KEELC 698 (KLR)
✦ The Court finds no merit in the Defendant's application to strike out the Plaintiff's suit and dismisses it with costs.
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Pollini Tommaso & another v Afrika Kivulini Management Limited & another [2017] KEELC 842 (KLR)
✦ The Plaintiffs have proved their case on a balance of probabilities and are granted a permanent injunction and an order of vacant possession.
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Renson Mwambela Kimbichi v Mwawasi Mwaita [2017] KEELC 47 (KLR)
✦ The court declared that the Plaintiff is the absolute proprietor of the land parcel and ordered the Defendant to vacate the land.
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Lucy Sharon Mwenda v Susan Kathure Marete (Environment & Land Case 38 of 2016) [2017] KEELC 784 (KLR) (6 December 2017) (Judgment)
✦ The appeal is dismissed, and the appellant is ordered to pay costs.
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Cannon Assurance (K) Ltd v Ali Hamadi Mwagude & 4 others [2017] KEELC 379 (KLR)
✦ The court sustained the defendants' objection to the production of the documents as they were not certified and did not meet the requirements of Section 66 of the Evidence Act.
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Maryan Mohamed Cheabril (Suing as the Administratix of the Estate of Asha Jabril Mohamed – Deceased v Michael Koome Mburuu & 2 others [2017] KEELC 68 (KLR)
✦ Application dismissed with costs to 1st and 2nd Respondents