Kenyan case law
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Highway Dynamics Limited v Delamere Flats Limited [2020] KEELC 3529 (KLR)
✦ The plaintiff's notice of motion is granted, and the defendant is restrained from interfering with the plaintiff's ownership of Flat J21 and from selling or transferring the flat.
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Patrick Benido Mutinda v Christopher Matata Lati [2020] KEELC 196 (KLR)
✦ The court dismissed the application for an interlocutory injunction.
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Abdulazis Ashur v Stephen Mbugua Gatura [2020] KEELC 3169 (KLR)
✦ The defendant's defence is frivolous and the court strikes it out, granting judgment for the plaintiff.
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Ali Hassan Chisonzo & 3 others v Jane Ciarunji Chesaina & 4 others [2020] KEELC 3152 (KLR)
✦ The application is allowed, the interlocutory judgment and decree are set aside, and the defendants are ordered to file and serve their defence.
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Michael Munene Kuburia &another; v Virginiah Muthoni Gachubi &another; [2020] KEELC 3246 (KLR)
✦ Application for stay pending appeal is dismissed. Plaintiffs have not shown substantial loss that would render the appeal nugatory.
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Nathan Munyao Mutiso & another v Saban Said Gathuri & 5 others [2020] KEELC 3282 (KLR)
✦ The plaintiffs' suit is dismissed with costs, and the 2nd and 6th defendants' counterclaim is allowed for vacant possession of the land.
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Samuel Mutugi Ndai v David Ciuma Njamboya & 2 others [2020] KEELC 3376 (KLR)
✦ The plaintiff succeeded in proving his claim, and the title to the land parcel was cancelled.
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Arnold Mbaabuh v Sheikh Mahmoud Abdurahman & 4 others [2020] KEELC 3576 (KLR)
✦ The application is dismissed as the court does not have the authority to extend the time for making an application for substitution or suspend the time for the abatement of the suit
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Abdu Rashid Mukhwana & 2 others v County Government of Trans-Nzoia & another [2020] KEELC 3586 (KLR)
✦ The application is res judicata as it is the same as the application in Kitale ELC Misc. No. 5 of 2019, which was not appealed.
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Paul Kibet Kiplagat & another v Dennis Ashton Nyangiri & another [2020] KEELC 3679 (KLR)
✦ The court directs the joinder of the owner of land parcel Njoro/Ngata Block 2/3924 as an interested party in the proceedings and orders the plaintiffs to amend the plaint to include this party within 30 days of the ruling.
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Lydia Wanjiru v Kenya Power and Lighting Co. Limited [2020] KEELC 3676 (KLR)
✦ The suit is struck out due to the doctrine of res judicata.
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Agribina Ciakathia Munyi v James Muchachi [2020] KEELC 2071 (KLR)
✦ The court finds merit in the Plaintiff's claim for adverse possession and issues a declaration that the Plaintiff is entitled to be registered as the proprietor of the land.
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Benjamin Omanwa Mokua v Bishendass Beri & 3 others [2020] KEELC 3646 (KLR)
✦ The plaintiff's claim for adverse possession is dismissed as he did not provide a certified copy of the register. The transfer from the first defendant to the second defendant in the second suit is not found to be fraudulent.
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Joseph Gachagwa Nyingi v Jerioth Muthoni Mugumo [2020] KEELC 3614 (KLR)
✦ The Court dismissed the Appellant's suit with costs to the Respondent, finding that the Respondent had completed her part of the agreement and that the Appellant was the one who breached the agreement by paying the last installment before time.
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Vipingo Properties Limited v Tindika & another (Environment & Land Case Case45 of 2018) [2020] KEELC 3991 (KLR) (13 February 2020) (Ruling)
✦ Application dismissed as the application was filed after unreasonable delay and there was no substantial loss demonstrated.
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Nicholas Kiprop Kosibei & 49 others v Willie Kipngeno Komei & 33 others [2020] KEELC 3682 (KLR)
✦ The application for consolidation is disallowed as it will not be convenient to try the two suits together. Nakuru ELC No.38 of 2019 is stayed to await the determination of the present suit.
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Jacinta Njeri Wainaina v Muka Mukuu Co-operative Society & another [2020] KEELC 3474 (KLR)
✦ The transfer of the deceased's share in the 1st respondent and the suit property to the appellant and the 2nd respondent is cancelled. The 1st respondent shall revert the share and the suit property to the deceased's name.
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Kinuthia Mwenda v Wilson Mongere Ongesa [2020] KEELC 3702 (KLR)
✦ The judgment of the subordinate court is set aside and replaced with an order for the respondent to receive KShs 161,100 plus interest, and each party to bear their own costs.
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Lucy Wamugo Njeru v Amos Mucemi Kiboi [2020] KEELC 2089 (KLR)
✦ The court finds and holds that the Plaintiff has proved her claim for adverse possession and that the Defendant’s claim for an eviction order is statute barred.
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Organics 4 Orphans International v Thrive for Good Foundation & 16 others [2020] KEELC 3571 (KLR)
✦ Court declines to issue an order finding Mr. Kimuli properly on the record or that the suit should be wholly discontinued, instead staying proceedings until control of plaintiff is resolved in other fora.
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Mary Wangui Muhindi v Wambui Kamithi & 2 others [2020] KEELC 3526 (KLR)
✦ The Defendants have not acquired the Plaintiff's land by way of adverse possession. The Plaintiff is entitled to an order of eviction.
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Mwangi Kamutu & 3 others v Joyce Wangui Karagu [2020] KEELC 3555 (KLR)
✦ The application for stay of execution pending appeal is granted.
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Richard Cheruiyot Langat v Tapnyobii Maiga [2020] KEELC 3719 (KLR)
✦ The court declines to join the new defendants as the application is not made in good faith and would not avoid multiplicity of proceedings.
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Albert Mwaniki Kwenja & 2 others v Jernado Njoka Kwenja [2020] KEELC 2060 (KLR)
✦ The court finds no merit in the Plaintiffs' notice of motion and dismisses it in its entirety.
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Mercy Njeri Nyaga & another (suing as Legal Representatives of the Estate of Nyaga Munyi (Deceased) v Erastus Njue Gitanguthi & 2 others [2020] KEELC 2029 (KLR)
✦ The court finds merit in the Defendants' application and grants leave to produce the documents.