Kenyan case law
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Valentine Omollo Ongeso v Kennedy Ondenge [2020] KEELC 22 (KLR)
✦ The court finds that Ongeso is the registered owner of the land and grants an order of eviction.
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Josphat Kamande Macharia v Livingstone Wanyoike [2020] KEELC 3908 (KLR)
✦ The application is struck out with costs to the respondent
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Philip Osok Awinyo v National Land Commission & another [2020] KEELC 60 (KLR)
✦ Declines to grant declaration of legitimate expectation and orders of mandamus
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Erastus Kiama Gichuki & another v John Maregwa & 9 others [2020] KEELC 2217 (KLR)
✦ The court finds that the law applicable for setting aside judgment is Order 12 Rule 7 of the Civil Procedure Rules.
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Augustine Ngotho Thuo v James Maina Thuita & another [2020] KEELC 3683 (KLR)
✦ The court enters judgment for the plaintiff for a permanent injunction restraining the defendants from entering, trespassing, occupying, cultivating, and interfering with the suit property. The court declares the purported transfer illegal, null and void, and cancels any letter of allotment and/or title deed issued to the 1st defendant in respect of the suit property. The plaintiff is awarded costs of the suit.
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Michael Wafula Khaemba v Patrick Chepkondoli Mustuni; Ex parte Nicholas Wanyonyi Wafula [2020] KEELC 3860 (KLR)
✦ The application is dismissed with no orders as to costs.
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Julius Kimani t/a Geomath Management & 25 others v Inkom Investment Limited [2020] KEELC 3701 (KLR)
✦ The court found the respondent was the registered proprietor and the applicants had no legal rights over the suit property, ruling in favor of the respondent.
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Charles Githinji Muigua v Jackson Maina Nderitu [2020] KEELC 2216 (KLR)
✦ The Court has jurisdiction to determine the matter and grants the applicant leave to appeal and a temporary injunction.
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Nicholas Oyiolo Balera & another v Joseph Buluma Obingo; Roman Buluma Obingo (Defending as legal representative of Joseph Buluma Obingo) (Substitute) [2020] KEELC 3887 (KLR)
✦ The Plaintiffs' claim over the portion of land measuring 2 acres occupied by the Defendant is extinguished by operation of the law, and the Plaintiffs' suit is dismissed.
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Moses Ngugi Maina v Munyaka Kuna Company Limited [2020] KEELC 3889 (KLR)
✦ The application is dismissed. The costs do abide the outcome of the main suit.
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Beatrice Malesi v Peter Ndiritu & Another (Environment & Land Case 76 of 2019) [2020] KEELC 3649 (KLR) (Environment and Land) (30 January 2020) (Judgment)
✦ The court allows the application to extend the period for filing the appeal by 14 days
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Martha Chelal & another (Legal representatives of the Estate of Kipyegomen Chelal) v Elijah Kipkemoi Boiywo & 2 others [2020] KEELC 3660 (KLR)
✦ The court denied the application for stay of execution.
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Sutton Holdings Limited v Abdulahi Omar Said (Environment & Land Case 75 of 2017) [2020] KEELC 3357 (KLR) (30 January 2020) (Ruling)
✦ The application is dismissed with costs
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Patrick Ndegwa Munyua v Benjamin Kiiru Mwangi & another [2020] KEELC 3911 (KLR)
✦ Magistrates' courts have jurisdiction to handle cases involving claims of adverse possession, as long as they are presided over by a duly gazetted magistrate with the requisite pecuniary jurisdiction.
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Christopher Koko Ondwasi v Rosemary Wakhungu & 5 others [2020] KEELC 3907 (KLR)
✦ The appeal is dismissed with no orders as to costs since the suit against the 2nd and 5th Respondents was withdrawn on 18th June 2009
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Republic v National Land Commission; Estate of Fredrick Kubai (Deceased) Ex parte Samson Ng’ang’a Mwangi [2020] KEELC 3857 (KLR)
✦ Orders of certiorari and prohibition are granted
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Republic v Director Planning Compliance and Enforcement & another & Nairobi City County; Gemini Properties Limited (Exparte) [2020] KEELC 3816 (KLR)
✦ The application is dismissed with costs to the respondents.
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Mary Were Onyango v Crispine Omondi Opondo [2020] KEELC 3635 (KLR)
✦ The court dismissed the Defendant's application to be enjoined as an interested party and the Plaintiff's application for costs.
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County Government of Tana River v Osman Kiyo Adeso & 6 others [2020] KEELC 3873 (KLR)
✦ The application is allowed with costs, and the injunction is granted pending the hearing and determination of the suit.
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Beatrice Malesi v Peter Ndiritu & another (Environment and Land Miscellaneous Application 76 of 2019) [2020] KEELC 3644 (KLR) (Environment and Land) (30 January 2020) (Ruling)
✦ The Applicant's application for stay of execution is granted on condition that she deposits Kshs.200,000 in court security within 60 days
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Joseph Njui Mungai & another v Margaret Nyambura Karanja [2020] KEELC 3715 (KLR)
✦ The defendant is not entitled to specific performance, a refund of the deposit, or compensation for the developments. Costs follow the event.
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Belgo Holding Limited v Kenya Urban Roads Authority & another [2020] KEELC 3592 (KLR)
✦ The court found that the government did not acquire the 12.865 acres in 1975 and that the plaintiff is the owner of the properties.
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Pauline Mugure Kariuki v Nyakinyua Investment Ltd & another [2020] KEELC 3831 (KLR)
✦ The Applicant's Notice of Motion application dated 13th December 2018, has no merit and is hereby dismissed entirely with costs to the 2nd Respondent.
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Jeremiah Nkindu Barisa & 2 others v Khalifa Barhe & 4 others [2020] KEELC 3847 (KLR)
✦ The suit is dismissed with no order as to costs as the Plaintiffs failed to demonstrate private proprietary interests on the suit property and the failure to implead the County Government of Tana River.
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Samson Nzaro v Bonface Ngari [2020] KEELC 3627 (KLR)
✦ The Court finds that the Plaintiff and the Defendant did enter into an oral lease agreement for the construction of a Posho mill, but no proper lease agreement was ever entered into.