Kenyan case law

Republic v Land Registrar,Kajiado North District & another; Turgudha Communications Limited & another (Interested Parties) Ex parte Green Garden School Limited [2019] KEELC 67 (KLR)

✦ The ex-parte applicant's motion is granted, and the Land Registrar's decisions are quashed. The respondents are prohibited from confirming or enforcing the impugned decision.

Benjamin Mutuku Mutwa v Benard Maithya Nthenge & another [2019] KEELC 74 (KLR)

✦ The Plaintiff's application for an interlocutory injunction is granted, and the Plaintiff is awarded costs. The Plaintiff's application to strike out the amended plaint is dismissed.

Joachim Njuguna Mbugua & 2 others v Jenesio Mugo [2019] KEELC 607 (KLR)

✦ The Plaintiffs failed to prove adverse possession.

Stanley & Son Limited v Attorney General,National Land Commission,County Assembly of Makueni,County Government of Makueni & William Nduse Matheka Sued In His Capacity As Chairman of Kiu-Kalanzoni And Mukaa (Kiamuka) Society (? 5 of 2018) [2019] KEELC 131 (KLR) (28 November 2019) (Ruling)

✦ The court grants conservatory orders to restrain the NLC from conducting historical land injustice investigations and to stay the NLC's decision to carry out a survey of the Petitioner's property.

Peris Wacera Kamochee v Joseph Mwangi Wambugu (Sued as the executor of the will of Wambugu Mbora [2019] KEELC 642 (KLR)

✦ The appeal is dismissed with costs to the respondent

Elizabeth Chebet Langat & 3 others (Suing as the administrators of the Estate of Samwel Cheruiyot Langat) v Joel Kipngeno Byomdo [2019] KEELC 641 (KLR)

✦ The plaintiffs have established a prima facie case of adverse possession and the court grants an injunction to preserve the plaintiffs' possession of the property pending the suit.

John Kiroria Uvoro & another v Rosemary Mucogo Mbui [2019] KEELC 520 (KLR)

✦ The court dismisses the appeal and awards costs to the respondent on the higher scale

Cecilia Njoki Maina v Jane Wambui Wahome [2019] KEELC 615 (KLR)

✦ The appeal is dismissed with costs to the respondent.

Peter Thuo Murugah v Githinji Waweru [2019] KEELC 287 (KLR)

✦ The Court finds that the Plaintiff has proved a customary trust in the land and the Defendant's denial of the other family members the right to land constitutes fraudulent breach of trust.

Njiru Kathambo v Paul Charles Lukas Kathambo [2019] KEELC 609 (KLR)

✦ The appeal is dismissed with no order as to costs, save for the ground concerning the unpleaded issue of trust

Pinnacle Farm Limited v Administrators Estate of the Late Philip Mutuse Mwengi & 2 others [2019] KEELC 445 (KLR)

✦ The 2nd and 3rd Respondents are ordered to repeat the survey exercise in line with the consent order dated 16th July, 2019 and to take into consideration the beacons said to be on the side of the parcels in question. The 2nd and the 3rd Defendants/Respondents to file their further report within the next 45 days from the date hereof.

Kenya Aids Ngo Consortium & another v Andrew Ouko & another [2019] KEELC 167 (KLR)

✦ The orders sought in the Notice of Motion application dated 18th July, 2016 are merited. The application is allowed in terms of prayers 2 and 3 thereof. The 1st defendant shall have the costs of the application.

Dominic Omunyini Magara v Alfred Juma Makanda [2019] KEELC 150 (KLR)

✦ The application is granted in terms of prayers No. (c) and (d) thereof, and the costs of the application shall be costs in the consolidated suit.

County Government of Meru v Elias Nyumoo Mutirithia & 3 others [2019] KEELC 635 (KLR)

✦ The application is allowed, and the lower court file Meru CMCC No. 74/16 is to be transmitted to PM's court at Tigania.

Registered Trustees, Gospel of God Church v Elias Rimberia Mborothi & 8 others [2019] KEELC 471 (KLR)

✦ The court finds no reasonable grounds to recuse itself and denies the application.

Theresa Mukami Njuguna v Doris Musakali Monari & Zedekiah Evans Nyamongo Achira (Environment & Land Case 144 of 2014) [2019] KEELC 472 (KLR) (27 November 2019) (Ruling)

✦ The application for stay of execution is dismissed with costs.

Kennon Mwiti Mbae (suing as the legal representative of the estate of Silas Judah Mbae Deceased) v Zaverio Kiamba Mwamba & 4 others; Festus Riungu Rimberia (Intended Interested Party) [2019] KEELC 640 (KLR)

✦ The court declines to enter interlocutory judgment and directs the plaintiff to formally prove his case

Republic v Chairman Kakamega North Land Disputes Tribunal ; Antony Mutali & Sofia Achesa Mutali( Interested Parties) (Environment and Land Judicial Review Appeal 10 of 2017) [2019] KEELC 581 (KLR) (27 November 2019) (Judgment)

✦ The Land Disputes Tribunal lacked jurisdiction to entertain the dispute and its orders are therefore illegal.

Edgar Kadenyi v Attorney General & another;National Water Conservtion & Pipeline Corporation (Interested Party) [2019] KEELC 669 (KLR)

✦ The preliminary objection is not merited and is struck out with costs.

Sono & 5 others (Suing on their own behalf and on behalf of Ol Jorai Community Members) v Lands Limited & 2 others (Civil Case 87 of 2007 & Environment and Land Case 89 of 2013 (Consolidated)) [2019] KEELC 5020 (KLR) (27 November 2019) (Judgment)

✦ The case of the applicants in Nakuru ELC No. 89 of 2013 is dismissed. The rightful proprietor of the land parcel LR No. 20229/1 is Solai Ruyobei Farm Limited, and the company is at liberty to apply for an order of eviction and/or deal with the land as it may wish.

Adriano I. Ambani v Christopher A. Musatsi [2019] KEELC 579 (KLR)

✦ The preliminary objection is dismissed.

Francis Gituchu Murimi v Anthony Kihu Kimani [2019] KEELC 591 (KLR)

John Ngon Olweru v Margaret Ogutu Angir & another [2019] KEELC 442 (KLR)

✦ The court finds that the plaintiff has not satisfied the triple cumulative ingredients of adverse possession and dismisses the plaintiff's claim against the defendants jointly and severally.

Peter Ndungunya Ole Sono & 2 others v Lands Limited & another [2019] KEELC 569 (KLR)

✦ The suit land is owned by Solai Ruyobei Farm Limited, and the plaintiffs' claims are dismissed.

Margaret Mukomuga v Samuel Kingirwa Amuru & 4 others [2019] KEELC 700 (KLR)

✦ The application is allowed on the following terms: the memorandum of appeal to be filed and served within 14 days, the applicant to meet the costs of the application, and the orders herein to be extracted and placed in the appeal file.