Kenyan case law
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Kenya Power and Lighting Company Limited v Gimalu Health Estate Limited [2020] KEELC 3783 (KLR)
✦ The Court held that the Plaintiff did not have the authority to construct the transmission line over the Defendant's land and that the Defendant's consent was not valid and binding.
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Mwambi Investment Limited v Philip Mbiti Kavisu & another;OCPD Athi River, Mavoko Police Station (Contemnor) [2020] KEELC 3755 (KLR)
✦ The court discharged the interim orders and ordered status quo to be maintained pending the hearing and determination of the suit.
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Roben Intergrated Counsulting Services Ltd v Bombole Bechia Bombole [2020] KEELC 3839 (KLR)
✦ The court declines to issue an order of eviction or a declaration that the defendant is a trespasser without first hearing the suit on merits.
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Bosco Nthenge Nzioki v Wayua Muema; Ex-parte Applicacantnt: Mathii [2020] KEELC 3769 (KLR)
✦ The ex-parte judgment is set aside, and the Applicant is enjoined to file and serve her defense in the suit.
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Bakari Said Majeni v Shafi Said Mwanyota & another [2020] KEELC 3808 (KLR)
✦ The judgment is set aside due to irregular proceedings and the applicants' counsel was never served with the hearing notice.
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Mohammed Hussein Yakub & 5 others v County Government of Mandera & 5 others [2020] KEELC 3505 (KLR)
✦ The Court dismissed the petitioners' claims and upheld the respondents' challenges.
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Michael Wambua Mulwa & another v John Mulwa Nzioki, Jackson Muisyo Mulwa & 4 others [2020] KEELC 3736 (KLR)
✦ The 1st and 2nd defendants are in contempt of the court orders and should be punished.
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Damaris Muthoni Mwangi v Stellah Mumbua Kilonzo & 2 others [2020] KEELC 3785 (KLR)
✦ The Plaintiff's claim for specific performance and injunction is allowed. The 2nd Defendant is ordered to reconstruct the file and issue a replacement Title Deed.
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Nicholas Nyala Mulwa & 2 others v Jonah Kavithi Daniel & another (sued as the personal representatives of the Estate of Daniel Mulwa Kavithi) & 3 others [2020] KEELC 3739 (KLR)
✦ The Environment and Land Court has jurisdiction to deal with the dispute.
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Elias Mabeya Magana v Grace Nyanchama Gwaro & 3 others [2020] KEELC 3479 (KLR)
✦ The court dismissed the preliminary objections and allowed the suit to proceed.
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Henry Ngaluka Musaki v Movies For You Limited (Environment & Land Case 77 of 2017) [2020] KEELC 3733 (KLR) (31 January 2020) (Ruling)
✦ The Application is allowed with no order as to costs.
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Alex Kyalo Mutua v Phostine Tabwe Musa [2020] KEELC 3668 (KLR)
✦ The Defendant's application for leave to amend the Defence and introduce a Counter-claim is allowed, and the Defendant is ordered to file and serve the Amended Defence and Counter-claim within 21 days.
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Kimani Wa Nyoike v Chuna Housing Co-operative Society Ltd [2020] KEELC 3666 (KLR)
✦ The court appoints Mwaniki Gachoka Advocate as the arbitrator and stays the suit pending the arbitration. The court declines to grant an interim injunction.
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Dominic Nthangathi Kibondo & another v Pauline Kathini Mulwa & another [2020] KEELC 3732 (KLR)
✦ The learned Magistrate erred by dismissing the Appellants' suit and by failing to appreciate the nature of the suit and the provisions of Article 159(2) (d) of the Constitution.
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Knight Moraa Omwoyo v Willis Abwao Adero [2020] KEELC 3784 (KLR)
✦ The suit will not be dismissed for want of prosecution, but the Application for dismissal will be dismissed with no orders as to costs.
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Kioko Muthoka v Kalembwani & Ngaamba Farmers Company Limited [2020] KEELC 3748 (KLR)
✦ The Plaintiff's suit is dismissed with costs.
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David Ngula Mbilo v Patrick Nzula Mbilo [2020] KEELC 3667 (KLR)
✦ The Appeal has no merit as the Appellant's mother transferred the entire family land to the Appellant, leaving out the Respondent.
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Michael Wambua Matheka t/a Zach Electronic Plus Motors Ltd v Faulu Microfinance Bank Limited [2020] KEELC 3782 (KLR)
✦ Application dismissed with costs
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Sammy Mutua Muswii v Njoki Elizabeth Wambugu (Environment & Land Miscellaneous Case 22 of 2015) [2020] KEELC 3768 (KLR) (31 January 2020) (Ruling)
✦ The Plaintiff's application is allowed
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Sammy Nzioka Mulwa v Jackson Matata Mulwa & 2 others [2020] KEELC 3735 (KLR)
✦ The Plaintiff did not prove his case on a balance of probabilities and the suit is dismissed with no order as to costs.
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Elijah Mbatha Kithimba v Medivest Company Limited [2020] KEELC 3767 (KLR)
✦ The Application is allowed as prayed.
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David Omwancha Manduku v Francis Gekonge Omindi [2020] KEELC 3234 (KLR)
✦ The Court dismisses the appeal and upholds the trial court's decision that the Appellant lacked locus standi to sue.
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Marcella Omwenga v Kwame Investments Limited & 5 others [2020] KEELC 3763 (KLR)
✦ The suit is struck out as there is a prior suit by the plaintiff relating to the same cause of action in the Chief Magistrate Court (CMCC).
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Licinus Investments Limited v Maurizio Dalpiaz [2020] KEELC 3765 (KLR)
✦ The Court held that the sale agreements were valid and binding on the parties, and that the Plaintiff breached the agreements by failing to transfer the property to the Defendant.
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Kinyata Njiru v Eustance Njiru Mituki [2020] KEELC 3695 (KLR)
✦ The appeal is dismissed with costs to the Respondent