Kenyan case law
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Kenga Kutsoa Mbaruk & another v Kimera Bozo Chengo [2019] KEELC 535 (KLR)
✦ The application for temporary injunction is dismissed with costs to the defendant.
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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
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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.
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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.
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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.
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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 701 (KLR)
✦ The application to join Festus Riungu Rimberia as an interested party is allowed with no orders as to costs.
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Meridina Alwala & 2 others v Prajapati Pravinbhai Jivabhai & 2 others [2019] KEELC 580 (KLR)
✦ The application is dismissed with costs as the suits are the same and not similar.
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Beatrice Aviona & another v Principal Magistrate – Vihiga & 3 others [2019] KEELC 275 (KLR)
✦ The petition is struck off with costs to the respondents.
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M’Mugwika M’Rugongo v Settlement Fund Trustee & another [2019] KEELC 457 (KLR)
✦ The application is allowed, the firm of Mmbos Mutunga advocates and Charles Kariuki and Kiome advocates are allowed to come on record for the appellant, the time for filing an appeal is extended, the record of appeal is admitted, and the costs shall abide the outcome of the appeal.
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Norah Anyango Osaye (Suing on behalf of and as co-administrator of the Estate of the late Smarts Osaye Ogwenoh) v Javan Ombaso Abaga Sagero [2019] KEELC 211 (KLR)
✦ The suit is revived, and the defendant's name is substituted with the co-administrators of his estate.
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Caleb Minjire Wambugu v Isaiah Kavulafu & another [2019] KEELC 526 (KLR)
✦ The application for stay of execution is granted.
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Atanasio M’ekandi v Antony Kaunga [2019] KEELC 712 (KLR)
✦ The court granted a conditional stay of execution of the judgment for a period of one year, with the defendant required to deposit Ksh.200,000 as security.
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David Kipteimet Kipngeny v Joseph Wamukota & 3 others; Philip Oyugi Ochola (Applicant) [2019] KEELC 432 (KLR)
✦ The application is dismissed with costs as the applicant has not provided sufficient evidence to support his claim of long-term occupation of the land.
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Flora Alwala Oripa v Prajapati Pravinbhai Jivabhai & another ; Meridina Alwala & 2 others (Interested Parties) [2019] KEELC 704 (KLR)
✦ The application has merit and the suit is struck off with costs to the applicant.
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Marino Hardware Ltd v Frabhudas Chunilal & 3 others [2019] KEELC 303 (KLR)
✦ The preliminary objection raised is merited. The application before court and all pleadings filed by Lawrence Obonyo Legal Advocates are incompetent and are hereby struck out with costs to the respondents.
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Chetan Dhutia v Masha Birya & another [2019] KEELC 516 (KLR)
✦ The court enters judgment in favor of the plaintiff for an injunction to restrain trespassing, but no damages are awarded.
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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.
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Apolo Moses Omwaka v Javan Okutoyi, Samuel Mboya, Josphat Eshitebi, Wycliffe Omwaka & Daniel Omwaka (Environment & Land Case 34 of 2014) [2019] KEELC 558 (KLR) (27 November 2019) (Judgment)
✦ The court finds that the plaintiff is the sole and absolute registered owner of the suit land and has the proprietary rights over the land. The caution cannot be removed.
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Ramadhan Asman Mukonyi v Mohammed Hussein & 3 others [2019] KEELC 585 (KLR)
✦ The court orders the plaintiff and the 2nd defendant to maintain status quo and grants costs to the plaintiff.
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Daniel Mwangi Nganga v National Water Conservation & Pipeline Corporation & 3 others [2019] KEELC 644 (KLR)
✦ The application to strike out the plaint is granted.
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James Archer & another v Inger Christine Archer & 5 others [2019] KEELC 436 (KLR)
✦ The plaintiffs' claim is dismissed with costs.
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Nicholas Kilatya Mbindyo & another v Joel Mbaluka & 5 others [2019] KEELC 482 (KLR)
✦ The court directs the 1st Defendant to honour the professional undertaking dated 28/8/2015 and pay the Plaintiffs Kshs. 5,000,000 together with interest. The court declines to order the 1st Defendant to honour the undertaking dated 3/9/2015.
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Joseph Muiru Kabira & another v Patrick Kirika Karanja & another [2019] KEELC 450 (KLR)
✦ The Petitioners' Petition is dismissed as the Respondents are entitled to raise a preliminary objection.
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Ndereba Naichu v Kanga Mwirabua & 11 others [2019] KEELC 290 (KLR)
✦ The court granted an order to maintain the status quo and to hear the main suit.
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Arthur James Otenyo & another v Jactone Okila Okama & another [2019] KEELC 710 (KLR)
✦ The court finds in favor of the defendants, dismissing the plaintiffs' claims and counterclaims.