Kenyan case law
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Josphat Kimani Wambura & 2 others v Paul Mung’ara Thuku & another [2015] KEELC 337 (KLR)
✦ The application to strike out the plaint is granted, and the suit is dismissed.
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Tilal Ole Kaura & 3 others v Barta Kaura & 3 others [2015] KEELC 346 (KLR)
✦ The consent order is set aside as it was entered into without the involvement of the 1st, 3rd, and 4th defendants and is a clear fraud.
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Chepkong Magobe & 2 others v Chemjor Chepkuto (Suing as the representative of the estate of Chepkuto Arap Birir) [2015] KEELC 326 (KLR)
✦ The application is allowed and the plaintiffs are evicted from the suit land.
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Warema v Nyamu (Environment and Land Appeal 72 of 2014) [2015] KEELC 844 (KLR) (17 June 2015) (Judgment)
✦ The appeal is dismissed. The parties bear their own costs of the appeal.
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Mwaniki v Mwaniki (Environment and Land Appeal 98 of 2014) [2015] KEELC 847 (KLR) (15 June 2015) (Judgment)
✦ The court held that the trial court had jurisdiction to hear and determine the dispute brought before it, and that the respondent proved her case against the appellant.
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Eliud Poro Ngele v Eliud Poro Ngele & another [2015] KEELC 449 (KLR)
✦ The Plaintiff has not established a prima facie case with chances of success.
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Nelson Kazungu Chai & 9 others v Pwani University & 3 others [2015] KEELC 460 (KLR)
✦ The court reviews the judgment and expunges LR. 5046/5 from the list of suit properties, and stays execution pending appeal.
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Patrick Khadondi v Japhet Noti Charo [2015] KEELC 459 (KLR)
✦ The Plaintiff's application is disallowed with costs.
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Milka Mutei Mwangangi v Solomon Musya Mwangangi [2015] KEELC 144 (KLR)
✦ The Applicant is directed to file the memorandum and record of appeal within 14 days of the date hereof, and the costs of the application shall be borne by the Applicant.
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Joseph Kitunga Baya & 64 others v Simon Mukuha [2015] KEELC 464 (KLR)
✦ The Court denied the application for a temporary injunction.
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Chairman, Secretary & Treasurer of the Board of Governors of Kamukunji Secondary School & Mike Gideon Mbuvi Sonko v Inter-Countries Importers & Exporters Limited, Nairobi City County & Attorney General (Environment & Land Case 107 of 2014) [2015] KEELC 797 (KLR) (12 June 2015) (Ruling)
✦ The Court dismisses the Application for Interlocutory Injunction.
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Nancy Atieno Ouma v Joseph Kaloki T/A Royal Assembly [2015] KEELC 462 (KLR)
✦ The Plaintiff is estopped from demanding that the Defendant should not use the said property. The status quo is that the Defendant is in occupation of the suit property and he should be allowed to utilize it pending the hearing of the suit.
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[2015] KEELC 457 (KLR)
✦ The Plaintiff's Application is dismissed as he has not established a prima facie case with chances of success and has not shown that he has the locus standi to file the suit or to appoint an administrator to manage the condominium.
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Azzuri Limited v Pink Properties Limited [2015] KEELC 458 (KLR)
✦ The court finds that the Plaintiff has established a prima facie case that the Defendant's actions are likely to infringe on the Plaintiff's proprietary rights. The court allows the Plaintiff's application for a temporary injunction.
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Lois Wairimu Magua v Henry Keter Chepsengeny & 5 others [2015] KEELC 343 (KLR)
✦ The plaintiff is restrained from selling, leasing, or dealing with the land pending the hearing of the suit.
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George Muna & another v Salome Waruare [2015] KEELC 393 (KLR)
✦ The court granted the stay of execution pending appeal.
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Madara Evans Okanga Dondo v Kiarie Nganga [2015] KEELC 339 (KLR)
✦ The application is allowed, and the suit is revived with the substitution of the deceased plaintiff and defendant as proposed.
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Josephat Mwaura Thuo v Loise Wambui Kahenya [2015] KEELC 342 (KLR)
✦ The application for substitution of the deceased plaintiff with Ann Waithera Gatiba and Duncan Kamau Mwangi is allowed.
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Joseph Ojwang’ Oundo v National Environment Management Authority & 8 others [2015] KEELC 415 (KLR)
✦ The Court has jurisdiction to entertain the petition.
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Emmy Eliviza Mbihya v Collins Lukaro Muloma & 2 others [2015] KEELC 353 (KLR)
✦ The plaintiff has been in continuous and peaceful possession of the land she is now claiming.
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Mose Angwenyi & another v Veronica Kwamboka Nyakeramba [2015] KEELC 349 (KLR)
✦ The suit against the defendant is dismissed with costs to the defendant.
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Julius Njogu Kimani v Stephen Maina [2015] KEELC 341 (KLR)
✦ The plaintiff's claim is dismissed with costs
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David Cullen v Medical Superitendent Kitale District Hospital & another [2015] KEELC 344 (KLR)
✦ The application is dismissed with costs to the respondents as it is found to be incompetent due to unreasonable delay and lack of merit.
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Catherine Wangui Muita & another v John Muriuki Wathure & 2 others [2015] KEELC 426 (KLR)
✦ The trial magistrate's decision is upheld, but the judgment is found to be unsupported by the evidence on record.
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Charles Mugunda Gacheru v Attorney General & another [2015] KEELC 394 (KLR)
✦ The application is dismissed as it is bad in law for want of substratum due to the abated suit.