Kenyan case law
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Cecilia Njoki Maina v Samuel Kangethe Kimani [2015] KEELC 297 (KLR)
✦ The application for substitution is allowed, and Beth Mary Kimani is substituted for the deceased respondent.
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Damaris Wanjiru Nganga v Loise Naisiae Leiyan & another [2015] KEELC 303 (KLR)
✦ The arbitral clause is rendered inoperable due to the presence of KCB, a necessary but not a party to the agreement. The dispute cannot be resolved through arbitration.
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Nephant Kiguta King’ori & 2 others v Jane Gathoni King’ori & another [2015] KEELC 361 (KLR)
✦ The suit is incompetent for lack of capacity to sue on the part of the applicants and capacity to be sued on the part of the respondents.
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Piry Johnstone Muye v Sharif Omar Mohamed [2015] KEELC 363 (KLR)
✦ The Application is dismissed with costs as the service of the court order was improper and the Defendant denied having an interest in the suit property.
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Mwinyi Mzee Khamisi & 3 others v . Sher Singh Verma & 3 others [2015] KEELC 375 (KLR)
✦ The court declares the plaintiffs as the proprietors of the 2/3 share of the land parcel 208/III/MN-Kanamai
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Ralf Kepper & another v Erustus Gicharu Kimani [2015] KEELC 371 (KLR)
✦ The Plaintiffs are the ones who should decide whether they will forfeit the costs incurred in filing the suit or not. The Defendant is entitled to costs when a suit is withdrawn.
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Nicholas Kombe Pembe v Kenga Kombe, Kaleso Kombe, Registrar of Lands Kilifi & Attorney General [2015] KEELC 373 (KLR)
✦ The Plaintiff's claim is allowed, and the resultant sub-divisions are cancelled.
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Rose Jilloh v Roselyne Wanjiku Gicira [2015] KEELC 372 (KLR)
✦ The Applicant's Application is allowed with the following terms: leave granted to file appeal out of time, stay of execution granted pending appeal, each party to bear their own costs
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Mpenzwe Ngoba Mtana & another v Zuhura Shaban [2015] KEELC 367 (KLR)
✦ The Application is dismissed with costs.
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Asunta De Angelis v Kambi Kadenge Ziro & 2 others [2015] KEELC 365 (KLR)
✦ The Plaintiff's Application for an interlocutory injunction is dismissed with costs.
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Amos Wamunyu v Tabitha Wanjiru Omollo & another [2015] KEELC 364 (KLR)
✦ The court grants the application for review due to inordinate delay and changes in circumstances
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Meshack Ochieng Gogo v Christine Nekesa [2015] KEELC 276 (KLR)
✦ The plaintiff has proved his case against the defendant on a balance of probabilities and an order of eviction is hereby issued directing the removal of the defendant from Plot No. 519 at Namanjalala.
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Obadiah Mwiti Laban & another v Caroline Ndumba Francis [2015] KEELC 305 (KLR)
✦ The court dismisses the application to set aside the orders of the Senior Resident Magistrate and to stay the proceedings.
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Peter Victor Mwaura Kung’u v Evangeline Wangeci & 5 others [2015] KEELC 327 (KLR)
✦ The court orders that the land title parcel Njoro/Ngata Block 1/4688 revert to the plaintiff and the registration of Joseph Kigo Mwangi as proprietor be cancelled.
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John Waweru Gakuru & another v David Mulwa Malamu [2015] KEELC 376 (KLR)
✦ The court held that the court was not bound by the issues framed by the parties and that the issues for the court's determination flow from the pleadings.
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Botwa Farm Co. Ltd v Settlement Fund Trustee & another [2015] KEELC 348 (KLR)
✦ The suit is hereby dismissed with costs to the defendants.
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Rose Moraa Moturi v Joseck Mwanguli [2015] KEELC 345 (KLR)
✦ The application for injunction orders lacks merit and is hereby dismissed with costs to the respondent.
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Municipal Council of Nyeri v David Ngunjiri Muriithi & 2 others [2015] KEELC 358 (KLR)
✦ The suit is not dismissed, but the plaintiffs are granted 30 days to file and serve their list of documents and witness statements, and the defendant is granted an equal period.
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Meshack Juma & 2 others v Keneth Igadwah Odanga [2015] KEELC 354 (KLR)
✦ The applicants' application is dismissed with costs to the respondent.
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Barnabah Maritim v Manywele Korgoren & another [2015] KEELC 402 (KLR)
✦ The plaintiff's suit is dismissed with costs.
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Philip Chilumo Mbaru (suing as the legal administrator and ad litem of the estate of Baya Ndale Baya v Dzombo Charles Chai & 4 others [2015] KEELC 408 (KLR)
✦ The Defendants are in contempt of the order of the court and warrants of arrest are issued for their committal to Shimo la Tewa Prison for six months.
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Abdullahi Haret Maalim & 4 others v County Government of Tana River [2015] KEELC 396 (KLR)
✦ The Defendant's application to review, vacate, or set aside the original orders is dismissed.
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Adil Mohamed Ali Said (suing as the administrator of the Estate of Mohamed Ali Said El-Mandry (Deceased) v Feisal Mohamed Ali & 2 others [2015] KEELC 398 (KLR)
✦ The sale of the suit property by the 1st Defendant to the 2nd and 3rd Defendants was null and void.
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Brunella Panini & 66 Others v Policino Oasis Management Limited & 14 others [2015] KEELC 370 (KLR)
✦ Brunella Panini, Maurizio Turato, and Paola Ippolito are in contempt of court for failing to present audited accounts to the court.
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Mbarak Abdalla Abud & 2 others v Saleh Bin Abdalla Shuruti [2015] KEELC 409 (KLR)
✦ The court declares the applicants as the proprietors of the land by virtue of adverse possession and directs the Chief Land Registrar to register the land in their names.