Kenyan case law

Dismas Mayende Mzungu & another v Joseph Kaula Wangwe & 2 others [2020] KEELC 3523 (KLR)

✦ The defendants hold a good title by virtue of the plaintiffs' claim of adverse possession.

Purity Gathoni Githae & another v Exello Structures Limited & another [2020] KEELC 3516 (KLR)

✦ The taxing officer's decision is set aside, and the 2nd defendant's bill of costs is taxed afresh before a different taxing officer.

Joram Kaberia v District Land Adjudication & Settlement Officer, Igembe South District & another; Julius Theuri (Interested Party) [2020] KEELC 3537 (KLR)

✦ The application is allowed, and the ex-parte applicant is ordered to give vacant possession of the land parcels to the interested party. The O.C.S. Kangeta Police Station is to provide security to ensure compliance.

Josphat Kinyua Kajui v Stephen Kanyaru M’impwi [2020] KEELC 3562 (KLR)

✦ The application is granted, and the court orders a stay of further proceedings in the plaintiff's suit pending the determination of the defendant's suit in the Principal Magistrates Court.

Republic v Margaret Waruguru Ndungu & 3 others Ex Parte William Kiptoo Chepkonga [2020] KEELC 3551 (KLR)

✦ The ex parte applicant's application for judicial review is granted.

Amos Shikomera Ndakwa v Samuel Odhiambo Lumbasi [2020] KEELC 3559 (KLR)

✦ The plaintiff is the registered proprietor of the land, and the defendant's trespassing is illegal. The court grants a permanent injunction to restrain the defendant from trespassing on the land.

Marko Asutsi Lihanda & another v George Nadida Omingo [2020] KEELC 3574 (KLR)

✦ The application for stay of execution is dismissed with costs.

Judetheus Kiplagat Malakwen v Norman Kibitok Kogo [2020] KEELC 3382 (KLR)

✦ A one-year stay of execution of the court's decree is granted pending the hearing and determination of the Plaintiff's appeal, with the Plaintiff depositing Kshs.50,000 in an interest-earning account as security.

Joseph Bulinga Keya v Philip Owino & another [2020] KEELC 3541 (KLR)

✦ The application is dismissed with costs

Methusela Makonjo & 2 others v Abel Omenja Nyaberi & another [2020] KEELC 3527 (KLR)

✦ The court finds the plaintiffs failed to prove their case and dismisses their claim. The defendants' counter-claim is also dismissed.

Joseph Mbaabu Mugambi v Loise Mwari M’miriti & 5 others [2020] KEELC 3554 (KLR)

✦ The court finds that the 1st defendant, Joseph Mbaabu Mugambi, did not encroach on the 1st respondent's plot and that the 1st respondent's claim is unfounded.

Peter Muthama & 3 others v Erastus Gatobu Muriuki [2020] KEELC 3605 (KLR)

✦ The application is dismissed with costs to the respondent.

Charles Aura Ratiala v Jonathan Machembe Omune [2020] KEELC 3547 (KLR)

✦ The application is dismissed with costs as the appeal is not arguable and would not be rendered nugatory if unsuccessful.

Johnstone Hunter Ambale v Veronica Lunani Matekwa [2020] KEELC 3524 (KLR)

✦ The application has no merit and is dismissed with costs.

Bernadetta Shitukau v Ingatius Kwama [2020] KEELC 3520 (KLR)

Ali Juma Songito v Sheban Osundwa Wesonga [2020] KEELC 3535 (KLR)

✦ The court finds that the plaintiff has been in exclusive, continuous and uninterrupted possession of the land for a period in excess of 12 years, and grants the plaintiff the portion measuring 2 acres of land parcel N/Wanga/Kholera/2083.

Marie Stopes (K) Limited v Cecilia Kihara [2020] KEELC 3150 (KLR)

✦ The lease agreement was not a controlled tenancy, and the Magistrate's Court had jurisdiction to hear and determine the matter.

Amina Omar Munye & another v Ali Eymoy Abdi [2020] KEELC 3542 (KLR)

✦ The application is dismissed with costs to the respondent.

Abdullahi Haji Goboje & 7 others v Cabiner Sec for Lands & Physical Planning & 3 others [2020] KEELC 3621 (KLR)

✦ The court finds the adjudication process unclear and the applicable law unknown, thus cannot determine the merits of the preliminary objection.

Sitote Malesi v Edgar Kadenyi & 2 others [2020] KEELC 3521 (KLR)

✦ The plaintiff's claim is dismissed with costs as he failed to prove fraud in the acquisition of the land title.

Rebecca Chepkoech Lagat v William Kibor Lagat [2020] KEELC 3265 (KLR)

✦ The court grants the stay of execution of the judgments pending the hearing of the appeal.

Enock Libosi Mugingwa v Francis Ambuya & another [2020] KEELC 3540 (KLR)

✦ The court declares that Mugingwa is the owner of land parcel number Butsotso/Shikoti/17881, which is a sub-division of land parcel number Butsotso/Shikoti/4296. The defendants are ordered to transfer the land to Mugingwa within 30 days.

Margaret Kinaro Kimere t/a Nyota Tano v Kenya Planters Co-operative Union & another [2020] KEELC 3517 (KLR)

✦ The court finds that the 1st defendant acted carelessly, unlawfully and in breach of the periodic tenancy which existed between it and the plaintiff. The 2nd defendant's eviction of the plaintiff was unlawful.

Adam Ambani Mulunda v Richard Mapesa Matuli [2020] KEELC 3518 (KLR)

✦ The court grants the plaintiff's application to re-open the suit and conduct a fresh survey, but denies the plaintiff's request for the 6.8 hectares of land.

Patrick Chege Githuka v Peter Maina Kanene & 4 others [2020] KEELC 3440 (KLR)

✦ The court declared the plaintiff as the registered proprietor of the land and ordered the cancellation of the charge. The court set aside the proceedings on 4 February 2020 due to irregularities.