Kenyan case law
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Philip Kipkemoi Tonui v Joel Kiptoo Chepkwony & 4 others [2017] KEELC 231 (KLR)
✦ The court allows the application to exhum the remains of the deceased Elena Mosonik and orders the defendants to do so within 7 days. If they fail, the plaintiff can exhume the body with assistance from the OCS Mau Summit Police Station, the area Chief, and the Public Health Officer- Nakuru.
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Musa Cheruiyot Chepkurui v Julia Kaptuya Chirchir [2017] KEELC 487 (KLR)
✦ The court finds that the plaintiff has not discharged his burden of proof that the defendant is in contempt of court, and dismisses the application with costs.
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Richard Cheptirge & another v Kenya Commercial Bank Limited [2017] KEELC 59 (KLR)
✦ The court dismissed the plaintiffs' claims and ordered the defendant to release the title deeds to the plaintiffs.
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Kiplagat Chelelgo v Alfred Chebii Chepkeitany [2017] KEELC 443 (KLR)
✦ The court held that the defendant is a mere trustee holding a portion of the land title known as Baringo/Kewamoi B/29 for and on behalf of the plaintiff and that the defendant has no proprietary rights over the portion of 5 acres occupied by the plaintiff. The trust should be terminated and the plaintiff should be registered as the owner of that portion of five acres currently in his possession. The defendant, his family servants and/or agents should henceforth be inhibited from dealing with that portion No. Baringo/Kewamoi B/29 in the plaintiff’s use and occupation. The defendant should not bear the costs of this suit.
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Eliud Timothy Mwamunga v Nyale Karisa [2017] KEELC 777 (KLR)
✦ The application is allowed to the extent of prayer No 4 only, which is the order for restraining the defendant from trespassing, occupying, cultivating and interfering with the applicant's possession of the suit property.
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Bernard Mugo Ndegwa v James Nderitu Githae & 4 others [2017] KEELC 539 (KLR)
✦ The application for joinder of the intended interested parties is dismissed as they have not demonstrated how their joinder will enable the court to effectively adjudicate upon the questions involved in the dispute.
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Margaret Wairimu Magara & another v Faith Wanjiku Gikunju [2017] KEELC 664 (KLR)
✦ Petition dismissed with costs
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Andrew Marita Kebaso & another v Christopher Getuno Onkeo [2017] KEELC 1017 (KLR)
✦ The defendant trespassed onto the plaintiffs' land and is ordered to vacate the encroached portions.
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Mohamed Abdulbasiet v Collins Kibet Borruett & another [2017] KEELC 499 (KLR)
✦ The suit is not frivolous as it has substance and the application is dismissed with costs.
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Hassan Mutisya Mulinge v Malombe Kyunuue Nzau [2017] KEELC 296 (KLR)
✦ The court lacks jurisdiction to entertain the matter due to the plaintiff's failure to obtain letters of administration.
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Republic v County Land Registrar, Uasin Gishu & another Ex parte Philip Kimaiyo Komen & another [2017] KEELC 475 (KLR)
✦ The court finds that the failure by the 1st respondent to register the leases in respect of the suit property is a procedural impropriety, unreasonable and in breach of the applicants' legitimate expectation. The court grants an order of mandamus compelling the 1st respondent to register the leases over the properties known as Eldoret Municipality Block 8/168 and Eldoret Municipality Block 8/169 in favor of Leonard Cheruiyot Akori and Philip Kimaiyo Komen respectively.
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Cynthia Chepkemboi Kiptum v Michael Kamau Njau & another [2017] KEELC 498 (KLR)
✦ The status quo is that the plaintiff continues occupying and using the land as at 5.2.2014, but no construction, sale, or wastage is allowed until the suit is heard.
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Kipkulei Cheserem v Barnaba K. Chelimo & 3 others [2017] KEELC 477 (KLR)
✦ The decree and award in Keiyo Land Disputes Tribunal No. 4 of 2002 are declared null and void.
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Mary Chelagat Maina v Evaline Chepchirchir Korir [2017] KEELC 199 (KLR)
✦ The Plaintiff's case is dismissed as she failed to prove her case on a balance of probabilities.
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Abraham Kibet Chepkonga t/a A. K. Chepkonga & Company Advocates v Paul Gicheru t/a Gicheru & Company Advocates [2017] KEELC 396 (KLR)
✦ The court finds that the defendant must honor the professional undertaking issued on 18th. November, 2014, and orders the defendant to pay the plaintiff Kshs.3,325,000 or deliver the original title deed for the land parcel No. Eldoret Municipality/BLOCK 13/543.
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Mary Mabuti Magondu & another v Ann Grace Wairimu & another [2017] KEELC 532 (KLR)
✦ The court issued an injunction restraining the first defendant from evicting, transferring, or interfering with the locked-up property (TMP/267/76 RWAMBITI) pending the hearing and determination of the main suit.
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Loice Wanjiru Meru & 3 others v John Migui Meru [2017] KEELC 737 (KLR)
✦ The suit did not abate on the death of the donor of the power of attorney. The Respondent had the authority to file the suit in his own name as he was acting on behalf of his deceased mother.
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Bernard Kariuki Waruru v Francis Waweru & 3 others [2017] KEELC 883 (KLR)
✦ The lawful owner of plot No. 158 is the plaintiff, and the fourth defendant is on the plaintiff's plot.
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Ngunjiri Macharia & Francis Mwangi Macharia v Joseph Mwaniki Macharia [2017] KEELC 405 (KLR)
✦ The application is dismissed with costs
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Nkoipa Ole Sakita & another v Milia Muyiankent [2017] KEELC 744 (KLR)
✦ The Plaintiffs' application for eviction and demolition of structures is dismissed.
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J.G. Munyao Kasiva v Katelembo - Athiani Muputi Farming & Ranching Co-operative Society Ltd & 3 others [2017] KEELC 863 (KLR)
✦ The Plaintiff's claim is allowed, and the Plaintiff is declared the sole owner of plot number 1898.
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Beatrice Okoth v Francis Pius Omweri Nyaberi & another [2017] KEELC 921 (KLR)
✦ The Court dismisses the Plaintiff's claim for specific performance and orders no order as to costs.
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Alfred Nzoka Kathonde & another v Wilson Njoroge Kamau & 2others [2017] KEELC 907 (KLR)
✦ The appeal is dismissed with no order as to costs. The original title deed for Machakos/Mamba/130 is issued to the appellants, and the judgment in Civil Suit No. 324/2012 is implemented immediately.
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Chandoh Oakley Moses v Benigno Odiwuor [2017] KEELC 3854 (KLR)
✦ The application is certified as urgent and the status quo is to prevail. The parties have agreed that no party to the suit shall confine with further development on the suit premises pending hearing and determination of the suit.
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Joseph Kariuki Njuguna & another v Mwanzo Development Co. Ltd [2017] KEELC 899 (KLR)
✦ The Plaintiffs' Application is allowed, and the Defendant is ordered to transfer the suit land to the 2nd Plaintiff.