Kenyan case law
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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.
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Fatuma Abdalla Ahmed v Kahiro Kimani (Environment & Land Case 25 of 2012) [2015] KEELC 450 (KLR) (5 June 2015) (Ruling)
✦ The court dismisses the Application for adjournment and orders the Plaintiff's case to proceed.
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Daniel Otieno Miganga & 3 others v Kasarani Mall Limited & another [2015] KEELC 783 (KLR)
✦ The suit is hereby dismissed with costs to the Defendants.
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Lameck Jillo Komora & 2 others (suing for an on behalf of Methodist Church of Kenya, Chewani Methodist Church) v Chief Chewani Location & 7 others [2015] KEELC 466 (KLR)
✦ The Court found that the County Council did not follow the required procedures before allocating the land, and thus the allocation was invalid.
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Boniface Njiru T/A Njiru Boniface & Co Advocates v Inspector General Of Police & 2 others [2015] KEELC 801 (KLR)
✦ The Court finds that the application for prohibition cannot be granted as it would grant permanent immunity from criminal prosecution, which is illegal. The Court also finds that the applicant has not shown that the Respondent acted in bad faith or exceeded its powers.
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Betta Systems Limited & another v Abu Mohamed Chiaba [2015] KEELC 468 (KLR)
✦ The Plaintiffs' application for an injunction is dismissed.
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Joan Kaburo Magambo v Njuguna Kibe & another [2015] KEELC 153 (KLR)
✦ The Court enters a status quo order, maintaining the Plaintiff's possession of the suit plot pending the hearing and determination of the suit.
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Ndwiga Wainaina & 11 others v Embu County Council [2015] KEELC 411 (KLR)
✦ The court allows the application and grants the orders sought, finding that the pending suit does not prevent the execution of the order and that the order is not vague.
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Jirongo & another v Board of Trustees of the National Social Security Fund (Environment & Land Case 364 of 2011) [2015] KEELC 853 (KLR) (3 June 2015) (Ruling)
✦ The Court determined the interest rate and sum payable by the Defendant to the Plaintiffs.
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Kimagut Arap Mogeso v Simeon Kipkemoi Maru [2015] KEELC 403 (KLR)
✦ The plaintiff has acquired title to the land parcel Kericho/Kapsuser/2156 by way of adverse possession
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Mathew Rono v Alfred Cheramgoi [2015] KEELC 404 (KLR)
✦ Suit dismissed due to lack of a valid agreement and the plaintiff's case being out of time
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J. S Muiru & 2 others v Tigoni Treasures Limited & 3 others [2015] KEELC 443 (KLR)
✦ The application to be joined as an interested party is granted, but the review of the ruling and order made on 14th November 2014 is declined.
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Cheruiyot Chepkwony alias Mapengo v Sarah Chesiele Barta & another [2015] KEELC 412 (KLR)
✦ The application is dismissed with costs.
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Church Commissioners For Kenya v Kisaju Development Trust & another [2015] KEELC 791 (KLR)
✦ The Plaintiff's failure to attend court on 14th and 15th May 2012 was an honest mistake or error on the part of their advocate, and the application is allowed with costs to the Defendants.
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Ephantus Mihingo Ngotho v John Kongwalei Sawe & another [2015] KEELC 369 (KLR)
✦ Application is allowed in terms of prayers 3 and 4. Costs to the applicant.
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John Mathenge Gaita (Suing As The Administrator Of The Estate Of Joyce Njeri Gaita And Lucy Njeri Gaita – Deceased) v Beth Wahito Wambugu [2015] KEELC 429 (KLR)
✦ The defendant's possession of the suit property is protected by law and customary trust. The defendant is entitled to half share of the suit property.
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Mary Nyawira Theuri v James Muhena Kinyua [2015] KEELC 427 (KLR)
✦ The application is allowed as the defendant's son has an interest in the suit property and no prejudice will be occasioned on the defendant.
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Kiratu Kariuki Ngandu v Muriuki Muniu [2015] KEELC 794 (KLR)
✦ The appeal is allowed as prayed.
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Joseph Mathenge Kamutu v Joseph Wainaina Karanja & another [2015] KEELC 425 (KLR)
✦ The court found that the sale agreement is not void due to the lapse of time, but rather due to the defendants' refusal to obtain the Land Control Board's consent.
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African Cotton Industries Ltd v Rural Development Services Limited [2015] KEELC 395 (KLR)
✦ The court denied the application for stay of proceedings pending appeal.
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Japheth Asava Mudasha v Hellen Mutavane Asava [2015] KEELC 788 (KLR)
✦ The Court held that the suit property is not matrimonial property and dismissed the Plaintiff's application.
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Joseph Mutuku Mwanthi & another v Rahab M’kiama & 2 others [2015] KEELC 793 (KLR)
✦ The court allows the application for substitution of Esther Mutuku Mwanthi as the plaintiff in place of her deceased husband.
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Rachael Wanjiru Kariuki v Julia Mwihaki Wanyoike [2015] KEELC 435 (KLR)
✦ The Court allows the application and orders a stay of execution pending the appeal, requiring the Applicant to deposit Kshs.1.3 Million in a joint earning interest account at Kenya Commercial Bank, Milimani High Court Branch.
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Julius Kamuru Mwangi v Permanent Secretary Ministry of Defence & 2 others [2015] KEELC 439 (KLR)
✦ The Nairobi City County Government is joined as a 4th Defendant, and the Plaintiff is granted leave to amend their pleadings and give further evidence.
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Francis Kenebei Ayabei v Jackson Changole [2015] KEELC 362 (KLR)
✦ The court granted the injunction.