Kenyan case law
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Patrick Kimutai Kiprono v Erick Kipkurgat Kiprono (Environment & Land Case 290 of 2013) [2020] KEELC 3291 (KLR) (4 February 2020) (Ruling)
✦ The court denied the application for stay of execution as the defendant failed to demonstrate substantial loss and did not provide security for the due performance of the decree.
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Republic v Migori County Land Registrar & another; Hussein Mkuu Salim (Interested Party) Ex Parte Mary Zeresh Otsyula [2020] KEELC 3433 (KLR)
✦ The application is dismissed with costs to the respondents
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Edward Kungu & another v David Ndung’u Njihia & 7 others ; Jessy Karanja Mucheke(Proposed Interested Party) [2020] KEELC 3809 (KLR)
✦ The Court finds that the 1st-6th Respondents' titles are indefeasible and the burden shifts to the Applicants to show or demonstrate that the titles are challengeable within the provisions of the law.
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Kcb Bank Kenya Limited v Collector of Stamp Duty & 2 others [2020] KEELC 3810 (KLR)
✦ The application is allowed, and the following orders are issued: Mandamus to compel the Collector of Stamp Duty to issue an exemption notice, Mandamus to the Deputy Registrar to execute necessary documents, and costs awarded to the applicant.
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Saifudeen Abdulla Bhai & another v Zainab Mwinyi [2020] KEELC 3154 (KLR)
✦ The application is allowed with costs
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Republic v Chairman Business Premises Rent Tribunal;Audio Corner Limited (Interested Part) Ex parte Thande Holdings Limited [2020] KEELC 3711 (KLR)
✦ The Tribunal lacked jurisdiction to issue status quo orders after granting possession of the shop on 22/8/2017
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Paul Mwicigi Mbugua & another v Attorney General & 7 others [2020] KEELC 3817 (KLR)
✦ The Application was dismissed with costs to the Respondents.
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Raphael Mukuruma Mukuria v Yiampoyo Eme Kuyu Ogutu & 2 others [2020] KEELC 3799 (KLR)
✦ The Court reviews its previous ruling and directs that the title for Kajiado/Kaputiei South/2199 be retained by the Plaintiff's counsel pending the transfer of a portion of the land to the Plaintiff as per the terms of the consent order entered on 11th July, 2013 and 12th March, 2014 respectively. The Court also directs the Plaintiff to file a formal application for the removal of the inhibition.
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Letoire Ole Ntirori v Daniel Mwaria Kinyingi & 3 others; Robert Kombo Nyakango & another (Interested Party) [2020] KEELC 3754 (KLR)
✦ The Court allows the Interested Parties to be enjoined in this suit as they are necessary to enable the court adjudicate upon and settle all questions involved in the dispute. The default judgment entered against the Defendants is set aside.
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Rosaline Njeri Ndungu v Robert James Githungo Maina & another [2020] KEELC 3802 (KLR)
✦ The court grants the stay of execution of the judgment pending the outcome of the appeal.
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Rachael Mutabari (Suing for and on behalf of Humility Ministries) & 9 others v Kasaine Ole Koruta & 13 others [2020] KEELC 3835 (KLR)
✦ The Plaintiffs are not entitled to the orders sought as they trespassed on the Defendant's land.
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Juliana Muthoni Kitololo v Housing Finance Company of Kenya Limited [2020] KEELC 3829 (KLR)
✦ The suit should not be dismissed for want of prosecution as the delay is not inordinate and there is no injustice to the Defendant.
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John Ndungu Mwaura & 20 others v Municipal Council of Nakuru [2020] KEELC 3859 (KLR)
✦ The applicant is joined as an interested party, but not as an additional defendant.
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Mary Wairimu Kimurua (Suing through Stephen Kimurua Wandani holder of Power of Attorney as P/A No. 59718/1) v Ol Kejuado County Council & 2 others [2020] KEELC 3819 (KLR)
✦ The Court held that the Plaintiff's claim is based on a double allocation and that the disputed plot is actually Plot No. 247 'B' and now C90. The Court dismissed the Plaintiff's claim and entered judgment in favor of the Defendants.
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Mutua Ngangi Kainga (Suing as the legal representative of the deceased Ngangi Kainga Kivya v Mwanzia Nzou & another [2020] KEELC 3779 (KLR)
✦ The court dismisses the application and orders costs.
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David Mwaniki Kasimu v Collins Musyani Muthangya & another [2020] KEELC 3758 (KLR)
✦ The court dismisses the Notice of Motion dated 3rd April, 2019 with costs.
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Kalewa Kimeu Masaka & another v Kathanzu Ngunzi & 2 others [2020] KEELC 3777 (KLR)
✦ The Application is dismissed with costs as the Defendants' draft Defence and Counter-claim are found to be a mere sham and they deliberately obstructed the cause of justice.
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Monicah Mwelu Gideon v James Kivuva Ndetei (legal representative of the Estate of Kanuu Ndetei (deceased) [2020] KEELC 3747 (KLR)
✦ The court dismissed the Appellant's application and appeal, finding that the Appellant has not demonstrated any substantial loss and has not met the threshold for setting aside or reviewing the ruling.
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Wayua Mueke & another v Sabethi Kanungui Mulwa & 3 others; Vito Auto Spares Limited (Interested Party) [2020] KEELC 3656 (KLR)
✦ The Court upholds the previous ruling and orders the properties to be sub-divided and registered as per the consent judgment.
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Patrick Mwendwa Francis v County Government of Kitui [2020] KEELC 3750 (KLR)
✦ The Application is dismissed with no order as to costs.
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Priscilar Musyawa Mwania Mutheke v Land Registrar Machakos & Attorney General [2020] KEELC 3742 (KLR)
✦ Plaintiff's claim is allowed, and orders are made for the Plaintiff to be declared the lawful proprietor of Mavoko Town/Block 3/4952, for the register to be reconstructed and for a new title deed to be issued.
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Benedict Nguma Singi & 34 others v William Nyamai & 6 others [2020] KEELC 3778 (KLR)
✦ The court finds the Preliminary Objection meritorious and strikes out the Plaintiffs' suit with costs.
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Republic v Attorney General; Fredrick Mukonza Ngomo (Interested Party) Ex-parte : Jezreel Munyithya Kavuwa [2020] KEELC 3780 (KLR)
✦ The Notice of Motion is dismissed with costs.
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Republic v Deputy County Commissioner - Yatta Sub-County & 2 others; Kisilu Mulwa & 2 others Representing Gregory Kilonzo (deceased) (Interested Parties) Ex Parte John Nthuku Maingi & 5 others (Legal representatives of the Estate of Maingi Kiangi (deceased)) [2020] KEELC 3738 (KLR)
✦ The Application is dismissed with costs.
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Kilonzo Kalimu Nthongoi & another v Mutisya Mbwii Kalimu [2020] KEELC 3781 (KLR)
✦ The proceedings and judgment dated 13th February, 2018 are set aside, and the Defendant is given leave to unconditionally defend the claim.