Kenyan case law
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Isaac Kipleting Kibitok v Secretary Board of Governors Cherangany Primary School & 2 others [2020] KEELC 3566 (KLR)
✦ The petition is dismissed as the petitioner's claim is not precise and lacks adequate particulars of allegations of violation of his rights and the manner in which those rights have been infringed.
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Edwin Onchiri Simba (Suing as the Administrator on behalf of the Estate of the Isaac Simba Angwenyi) v Thomas Orina Omwoyo & 2 others [2020] KEELC 3552 (KLR)
✦ The deceased was a member of the society and entitled to the land. The registration of the 1st defendant as proprietor was fraudulent and the title should be cancelled.
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Erick K. Maritim & 6 others v Esther Chepkemoi Birir [2020] KEELC 3329 (KLR)
✦ The Plaintiffs' suit is not sustainable due to the non-compliance with the requirements set out in section 38 of the Land Act, 2012.
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Kenneth Kirema Munen & another v Harriet Ntakira Matiri & another [2020] KEELC 3609 (KLR)
✦ The court finds that the plaintiffs have established their relationship with the defendants and that the defendants held the suit land in trust for the plaintiffs.
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Evangeline Nyegera v Godwin Gachagua Githui [2020] KEELC 3618 (KLR)
✦ The Plaintiff has the locus to institute the suit and the suit is not time barred. The Plaintiff's documents are admitted as photocopies. The Plaintiff has proved her case and the court issues a declaration that title No. ONTULILI/ONTULILI BLOCK 1 (KATHERI) 1229 is null and void.
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Clement Chemonges v John Masai & another [2020] KEELC 3575 (KLR)
✦ The court finds that the plaintiff's application is incompetent as there is no notice of appeal on the record. The court has general jurisdiction to deal with either a first or subsequent application for extension of time.
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Republic v Land Adjudication and Settlement Officer, Tigania East; Ibrahim Murungi Lithara (Interested Party) [2020] KEELC 3607 (KLR)
✦ The decision by the Respondent is null and void due to the lack of involvement of the Adjudication Committee.
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Geoffrey Muthuiba v Deputy County Commissioner & another; Joseph Mati Baikiome (Interested Party) [2020] KEELC 3619 (KLR)
✦ The Court will determine the jurisdiction of the 1st Respondent and the legality of the decision.
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Njiru Mirani & 2 others v Ag & 4 others;Andrew Nyaga & 2 others (Interested Parties) [2020] KEELC 3706 (KLR)
✦ The application is deemed heard and determined. The court is satisfied that the alleged contemnor, one Ezekiel K. Kiania, is not in contempt of court.
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Amit Aggarwal v National Bank of Kenya Ltd [2020] KEELC 3579 (KLR)
✦ The court grants the defendant's application for leave to file defence, counterclaim, and witness statements.
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Kericho Mwalimu Enterprises Limited v National Land Commission & 3 others [2020] KEELC 3370 (KLR)
✦ Preliminary Objection and application dismissed
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Republic v Director of Land Adjudication and Settlement & 3 others; Nchiru Catholic Church and Parish through the Diocese of Meru (Catholic) Registered Ex parte Domiciano M Ratanya [2020] KEELC 3532 (KLR)
✦ The court has jurisdiction to review its own orders in Judicial Review proceedings
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Ebei Korodi Cloprita v Margaret Naliaka & 2 others [2020] KEELC 3585 (KLR)
✦ The application is dismissed with costs to the 1st respondent due to unreasonable delay and lack of merit.
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Green Square Limited & Dangad Kibet Korir v Davy Kiprotich Koech & National Land Commission; Ethics and Anti Corruption Commission (Proposed Interested Party/Applicant) (Environment & Land Case 66 of 2014) [2020] KEELC 3358 (KLR) (10 February 2020) (Ruling)
✦ The court allowed the application for leave to join the Ethics and Anti Corruption Commission as an interested party.
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Republic v Tigania East District Land Adjudication and Settlement Officer & another; Joseph Mathita Ikirima Ex parte Solomon Mworia Samuel [2020] KEELC 3611 (KLR)
✦ The Ex-parte Applicant's application for certiorari is granted, and the impugned decision is quashed due to the lack of committee aid in hearing the objection.
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Republic v District Land Adjudication and Settlment Officer (DLASO) Karama Adjudication Section & another Exparte Timothy Murungi; Joshua Mururu M’Mwenda (Interested Party) [2020] KEELC 3612 (KLR)
✦ The application is allowed, and the decision dated 22/11/2016 made by the 1st Respondent in Objection No. 255 over land parcel No. 5136 and 11906 is quashed. The Objection No. 255 of 2016 is remitted back for hearing afresh with the aid of a committee. Each party shall bear her own costs.
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Republic v Chairman, Land Disputes Tribunal (Meru District) & Attorney General; Gerald Mubichi Mburugua (Interested Party) Ex parte Elias Gitonga Kibiti (Judicial Review Application 87 of 2011) [2020] KEELC 3597 (KLR) (10 February 2020) (Judgment)
✦ The Tribunal’s proceedings were ultra vires and its decision null and void.
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Republic v County Government of Meru & 3 others; Evangeline T. Arithi & another (Interested Parties) Ex Parte Jeremiah M’njogu M’turugoji [2020] KEELC 3622 (KLR)
✦ The Court finds that the County Government of Meru is not bound to perform a duty that is not public in nature and where an alternative legal remedy for enforcing that right is available and more convenient and indeed effective.
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Sarah Chesiele Barta v Kiplangat Barta & 2 others [2020] KEELC 3284 (KLR)
✦ The suit is res judicata and must fail.
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Elisha Kare Busienei & 3 others v Japhet Kipyego Chepkwony (Suing as the Administrator of The Estate Of Elizabeth J. Sirma & 2 others Nicholas Gituhu Karira (Applicant/Interested Party) & 3 others [2020] KEELC 3550 (KLR)
✦ The applicants are entitled to the setting aside of judgment and to be enjoined into the suit as interested parties.
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Jackson Majinga Vilili & 4 others v Royal Nairobi Golf Club; Kenya Urban Roads Authority & 2 others [2020] KEELC 3431 (KLR)
✦ The Plaintiffs' claim for adverse possession is dismissed. The court declines to grant the orders sought in the Amended Originating Summons. The Plaintiffs have not proven exclusive possession of the seven acres of land.
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Sadru Nanji v Al Nashir Dhanji [2020] KEELC 3171 (KLR)
✦ Mesne profits at Kshs.4,250 per month from July 2009 to June 2015, service charge at Kshs.3,910 per month from April 2009 to June 2015, and renovation charges of Kshs.266,348.60 are awarded to the plaintiff.
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Peter Njogu Karanu & 4 others v Nyakinyua Mugumo Tree Co. Ltd & 2 others; Attorney General(Interested Party) [2020] KEELC 3577 (KLR)
✦ Court denies petitioners' request for viva voce evidence, finding no new grounds warranting such an order.
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James Kironco Ituma Rwito v Mary Kingori & 2 others [2020] KEELC 3543 (KLR)
✦ The court finds that the Plaintiff and the 1st Defendant had no capacity to transact on a property that was charged to a bank without the consent of the chargor, thus the 1995 sale agreement is invalid.
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Kimanzi Kienyi v Samson Mutunga Muthela [2020] KEELC 3677 (KLR)
✦ The Appeal is dismissed with costs as the Appellant did not have the right to occupy land known as Mutonguni/Kauwi/79 and the Respondent's title was not extinguished by adverse possession.