Kenyan case law

Kifaru Investment Limited & 6 others v Kihingo Vilage (Waridi Gardens Ltd); James Ndungu Hithenji & 3 others (Contemnors) & 4 others [2020] KEELC 3589 (KLR)

✦ The application dated 17 October 2019 is not subjudice to the one dated 8 July 2019. The two applications are res judicata, except for the prayer for removal of the firm of Musyoka Wambua & Katiku Advocates. The contemnors are not guilty of contempt of court.

Republic v Inspector General of the National Police Service & 3 others [2020] KEELC 3591 (KLR)

✦ The Ex-parte Applicants' application is dismissed with costs to the Respondents.

Rift Valley Enterprises Ltd v Antony Michael Hughes (Sued as Administrator of the Estate of Alexandra Theresa Hughes (Deceased) & 2 others [2020] KEELC 3703 (KLR)

✦ The plaintiff's suit is struck out, and the defendant's counterclaim is allowed to direct the defendant to cancel any sub-divisions of the land issued in the plaintiff's name.

Kiprotich Ngerech v Molo Land Dispite Tribunal & 2 others [2020] KEELC 3680 (KLR)

✦ The applicant's Notice of Motion is dismissed with costs to the respondent.

Thaddaeus Bright Ochada v Allan Sidonyi Kadima & 6 others [2020] KEELC 3672 (KLR)

✦ The application is dismissed

Njue Munyi Kivuana (Suing as the personal representative of the estate of Munyi Kivuana (Deceased) & 2 others v Gilbert Njeru Njagi & 20 others [2020] KEELC 2102 (KLR)

✦ The court dismisses the appeal and implements the elders' award, mandating the 1st Respondent to supervise the distribution of the suit property.

Nelly Jeruto Kiplagat v Manubhai Dahyabhai Tailor [2020] KEELC 3343 (KLR)

✦ The court found in favor of the applicant, declaring her as the legal owner of the land by virtue of adverse possession and ordering the registration of the land in her name.

Ephraim Waiganjo Karianjahi (Suing as a trustee of the Full Gospel Churches of Kenya) v Julius Mburu Gathirwa & another [2020] KEELC 3705 (KLR)

Beatrice Awino Wotsembo v Dancan David Odekeyo [2020] KEELC 3708 (KLR)

✦ The court dismissed the plaintiff's claim due to the expiration of the limitation period and the absence of evidence of fraud.

Jeremiah M’Njogu v Executive Officer Meru High Court & 3 others [2020] KEELC 3650 (KLR)

✦ The application is dismissed, and the applicant is ordered to pay costs in the three files.

George Kiramana Abuaba v Kenya National Highway Authority [2020] KEELC 3625 (KLR)

City Square Properties Ltd v Uchumi Supermarket Ltd [2020] KEELC 3630 (KLR)

✦ The plaintiff's application is subjudice and cannot proceed as the insolvency suit is still pending.

Kiiru M’mugambi v Moses Kirima (t/a Meenye & Kirima Advocates & 3 others [2020] KEELC 3624 (KLR)

✦ The application is unmeritorious and is hereby dismissed with each party catering for their own costs in respect of this application.

Mwirichia v Gaiti & another (Environment & Land Case 118 of 1985) [2020] KEELC 3990 (KLR) (12 February 2020) (Ruling)

✦ The application for stay of execution of the judgment is granted.

Kiplagat Kotut v Rose Jebor Kipngok; Standard Chartered Bank & another (Garnishees) [2020] KEELC 3404 (KLR)

✦ The appeal is dismissed

Abdulkadir Ahmed Rahimkhan & another v County Govt of Kwale & 5 others [2020] KEELC 3567 (KLR)

✦ The application to withdraw the suit is allowed, and the counterclaim is struck out as it has been overtaken by events. Each party is to bear their own costs.

Samuel Kisoro Moiben & 11 others v National Land Commission & another [2020] KEELC 3570 (KLR)

✦ The application is granted, and the plaintiffs are entitled to an interim injunction to restrain the defendants from compulsorily acquiring the land. The status quo is also maintained pending the hearing and determination of the suit.

Ashok Labshanker Doshi & another v County Government of Mombasa & another [2020] KEELC 3564 (KLR)

✦ The court held that the Governor of Mombasa County and Bernard Ochieng Ogutu acted in disobedience of the orders of court and committed them to civil jail for six months.

Enos Angoya Lwugi v Nicholas Mwale Lumezani & another: Isaac Simiyu & 2 others (Interested Parties) [2020] KEELC 3580 (KLR)

✦ The court dismissed the application as the applicants were not parties to the original suit and the judgment did not affect them.

Doris Vosenge Moga v Alphonce Juma Nyongesa [2020] KEELC 3557 (KLR)

✦ The orders issued on 4/2/2019 are set aside

Munyua N’inoti v Nkabu Maingi & another [2020] KEELC 3631 (KLR)

✦ Application for reinstatement of suit is allowed with no orders as to costs.

Zephania Khisa Saul v School Committee St. Anne’s Secondary School [2020] KEELC 3568 (KLR)

✦ The application is allowed, and the amended defence shall be filed and served with 14 days of this order.

Creistina Ogur Ogot v Joshua Nyangacha Abonyo & 5 others [2020] KEELC 3387 (KLR)

✦ The court declares that the defendants' rights to recover a portion of LR number Kanyamkago/Kamgundho/7 measuring 8 acres is barred under the Limitation of Actions Act Chapter 22 Laws of Kenya and their title thereto extinguished.

Caroline Akumu Nyandiero v Betty Akinyi Ochieng & 2 others [2020] KEELC 3561 (KLR)

✦ The application for reinstatement of the suit is dismissed

Paul Hirbo Isatu v Abdiraham Ake Hirbo [2020] KEELC 3641 (KLR)

✦ The application is dismissed with costs to the respondent as it lacks merit and the plaintiff's recourse is an appeal.