Kenyan case law
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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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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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Charles K. Maiyo & another v John Mburu [2015] KEELC 399 (KLR)
✦ The court finds in favor of the plaintiffs, ordering them to vacate the premises and awarding mesne profits and costs.
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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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Martha Wairimu Kigamba & 2 others v Lucy Wanjiru Kisemba & another [2015] KEELC 352 (KLR)
✦ The applicants have demonstrated a prima facie case with probabilities of success and the application is allowed.
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Agnes Chengangat Kamar v Okuku Okech [2015] KEELC 328 (KLR)
✦ The application for a temporary injunction is dismissed with costs to the respondent.
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Joseph Onyango Wanyama v Charles Juma Oloo & another [2015] KEELC 401 (KLR)
✦ The court finds that the Appellant has failed to comply with the orders dated 28 January, 2015 requiring him to serve the record of appeal in 60 days which ended on or about 28 March, 2015. The appeal is dismissed with costs.
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Ahmed Abdalla Mohamed & 3 others v Salim Islam Bashmakh [2015] KEELC 113 (KLR)
✦ The court grants the application to enlarge time for the plaintiffs to file their appeal, but denies the second prayer for a memo of appeal.
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Martin Ngomat v Dinah Jepkemboi Bartilol [2015] KEELC 351 (KLR)
✦ The applicant is entitled to an injunction against the respondent to prevent interference with 61 acres of land
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Samuel Kisang Cheboi & 2 others v Elisha Kipleting Murei & 4 others [2015] KEELC 323 (KLR)
✦ The plaintiffs' application is dismissed with costs to the defendants.
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Max Intl Co. Ltd v Bruno Pezzotta [2015] KEELC 424 (KLR)
✦ The Defendant's title to the land was found to be tainted with illegalities, rendering the contract void.
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Mambrui Properties Ltd v Michele Servo [2015] KEELC 421 (KLR)
✦ A temporary injunction is granted restraining the Defendant from constructing, altering, or changing the design of villa number 5 pending the hearing and determination of the suit.
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Alice Njambi Waitiki & another (both suing as the administrators of the estate of the late Robinson Kinuthia Muriakiara) v John Kamau Muchai & 3 others [2015] KEELC 802 (KLR)
✦ The legal owner of the suit property is the 1st Plaintiff, Alice Waitiki. The caution registered against the suit property should be removed. The Plaintiffs are entitled to be given vacant possession of the suit property. The Defendants should pay the Plaintiffs Kshs. 8,050/- plus interest thereon from 1981 to date as compensation for the damaged crops on the suit property. The Defendants should pay the Plaintiffs mesne profits amounting to Kshs. 664,000/-.
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Mumbi Kamau v Margaret Waithira Wambui (Environment & Land Case 1263 of 2014) [2015] KEELC 799 (KLR) (19 June 2015) (Ruling)
✦ The Plaintiff has not satisfied all the conditions for the grant of an interlocutory injunction and the Application is dismissed.
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Azzuri Limited v Lawrence Kadenge Ziro & 2 others [2015] KEELC 422 (KLR)
✦ The Court finds the agreement valid and dismisses the Plaintiff's application.
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Karega Mutahi & another v Joreth Limited [2015] KEELC 800 (KLR)
✦ The court orders the Deputy Registrar to execute the transfer of the land to the Plaintiffs' names based on the consent order issued on 21st November 2013.
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Kenya Gacheru v David Kanyara Mwarage [2015] KEELC 813 (KLR)
✦ The defendant's registrations are cancelled, and the suit premises revert to the original registered proprietor, Mwarage Gacheru.
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Daniel Nganga Kamande & 2 others v Ngucanirio Farmers Co. Ltd & others [2015] KEELC 413 (KLR)
✦ The application is allowed as the applicant deserves an opportunity to defend his interest in the suit property.
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Alphonce Mwalungo Jaji & 2 others v Shadrack Nzai & another [2015] KEELC 418 (KLR)
✦ The Plaintiffs' Application is dismissed with costs.
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Ngumbao Chea Kalama v Karisa Cheti Masha [2015] KEELC 419 (KLR)
✦ The Plaintiff's Application for a temporary injunction is allowed with no orders as to costs.
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Mbugua Wangige & another v Muthanji Wangige [2015] KEELC 414 (KLR)
✦ The appeal is allowed, and the application for substitution of the 2nd plaintiff and the defendant is dismissed due to the breach of res judicata rule.
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Njihia Ng’ang’a Gakuu v Elijah Mwangi Njuguna [2015] KEELC 336 (KLR)
✦ The agreement is declared null and void due to lack of Land Control Board consent. Plaintiff is awarded the refund of the purchase price and interest.
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Robert Ouma Oduori v Thomas Muka Maulo & 2 others [2015] KEELC 405 (KLR)
✦ The Plaintiff has established his claim of an adverse possessor over the suit land and the 2nd Defendant's title to the said land is hereby declared extinguished under section 7 of the Limitations of Action Act, Chapter 22 of the Laws of Kenya. The Plaintiff should be registered as the proprietor of the suit land Bukhayo/Matayos/3116.
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Caleb Isaboke Nyamwange v James Oginda [2015] KEELC 338 (KLR)
✦ The application to amend the defence and counterclaim is allowed.
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Samuel Ng’ang’a Ndirangu, Elizabeth Wambui Mwangi, Stanley Kamau Ndirangu, Eunice Muthoni Kariuki, Lucy Wanjiru Muratha, Eunice Ruguru Nganga, Pharis Kariuki Muratha, Silvester Momanyi Marube, Kanui Wamara Kaniu & Teresian Gathoni Mara v Joseph Gathoni Irungu (Civil Case 133, 134, 258 of 2010) [2015] KEELC 347 (KLR) (18 June 2015) (Ruling)
✦ The application is dismissed as the applicants have not demonstrated any claim they want to agitate in the suit if enjoined, nor have they shown any nexus between their interest and the matter at hand.