Kenyan case law

Kigera Muiruri v John Gitau Gethanya & another [2014] KEELC 379 (KLR)

✦ The application is denied.

James Peter Kinyungu Mbandi v Ngumbao Goda Dzombo & 72 others [2014] KEELC 389 (KLR)

✦ The court grants the Defendants' application to amend their defence and file a counter-claim, allowing the Defendants to introduce a counter-claim for a declaration that the suit property belongs to them and for a mandatory injunction.

Kesrec Agency Limited v Valley Auctioneers & another [2014] KEELC 388 (KLR)

✦ The court declined to grant an injunction and allowed the sale of the Plaintiff's property through public auction.

Anastasia Wanjira Musidi v Anthony Mwangi Muthoni & another [2014] KEELC 554 (KLR)

✦ The court denies the application to strike out the plaintiff's suit.

Mbuthia D K James v United Insurance Company Ltd & another [2014] KEELC 563 (KLR)

✦ The Court dismisses the Application and finds that the Plaintiff/Applicant has not made a prima facie case with high chances of success due to the suit being time barred.

Charles Njenga Kinuthia v Mburu Ikigu Kamau [2014] KEELC 553 (KLR)

✦ The court dismissed the plaintiff's suit for want of prosecution and fixed the defendant's counterclaim for hearing.

Vini Investments Limited v James Mburu Ndua [2014] KEELC 564 (KLR)

✦ LJA Associates is not in compliance with Rule 12 of the Advocates Practice Rules and needs to seek a waiver from the Council of the Law Society of Kenya.

Katana Kahindi Masha v Karisa Wanje Masha & 2 others [2014] KEELC 392 (KLR)

✦ The status quo is maintained pending the hearing and determination of the suit.

Josiah Kamanja Njenga v Housing Finance Corporation of Kenya & another [2014] KEELC 391 (KLR)

✦ The Plaintiff was not validly served with the statutory notice and demand letter, and the 1st Defendant's statutory power of sale had not crystallized by the time it instructed the 2nd Defendant to sell the suit property.

Omagwa Angima & Co. Adv v Japhet Noti Charo [2014] KEELC 390 (KLR)

✦ Application for stay of execution is granted, but Respondent's Application to Declare Execution Process Null and Void is dismissed. Respondent given 30 days to prosecute his Application for stay of execution.

Laly Farm Limited v Attorney General & 4 others [2014] KEELC 360 (KLR)

✦ The suit is dismissed for want of prosecution with costs to the 4th and 5th defendants

Kahaso Sulubu Guracha v Thethe Guracha [2014] KEELC 393 (KLR)

✦ The court allowed the Defendants' application for review due to the Defendants' claim of new and important matter or evidence not within their knowledge.

Board of Governors Kangubiri Girls High School v Jane Wanjiku Muriithi & another [2014] KEELC 377 (KLR)

✦ The application for stay of execution of the decree is granted

Charles Jonyo Osicho v City Council Of Nairobi & 2 others [2014] KEELC 382 (KLR)

John Gitau Mungai v Stephen Thuku Kabebe & 3 others [2014] KEELC 404 (KLR)

✦ The Plaintiff's application for leave to amend pleadings is granted

Salama Beach Hotel Ltd v Mario Rossi [2014] KEELC 400 (KLR)

✦ The court held that the consent recorded in this court was informed by the Defendant's averments that he owned Villa number 6 and not a portion thereof.

Edward Mugambi Kairanya v Ibrahim M'imanene M'igweta [2014] KEELC 557 (KLR)

✦ The court finds that the defendant is a trespasser and enters judgment in favor of the plaintiff for an order of eviction and costs.

Rose Wanjiru Kamau v Tabitha N Kamau & 3 others [2014] KEELC 376 (KLR)

✦ The application is granted, the restraining order is reviewed and vacated, and the matter is heard on merit.

Kimiyi Ole Nkangi v David Muyuku Kilonzi & 3 others [2014] KEELC 550 (KLR)

✦ The court dismisses the application and allows the case to proceed to full hearing.

Mahican Investments Limited v Maddalena Stucci & another [2014] KEELC 405 (KLR)

✦ The court found that there is no dispute to be referred to arbitration under clause 3(b) of the Lease Agreement, and the Lease has not terminated.

Chairman, Secretary and Treasurer, School Management Committee of Sir Ali Bin Salim Primary School & another v Francis Bahati Diwani & 2 others [2014] KEELC 397 (KLR)

✦ The court finds and holds that the Preliminary Objection should not be allowed, as the filing of the defence outside the prescribed period does not cause injustice or prejudice to the Plaintiffs.

Mario Nuzzo v Zago Giuseppe [2014] KEELC 399 (KLR)

✦ Summary judgment is granted in favor of the Plaintiff

Justine Kazungu Baya v Nairobi Homes (Msa) Ltd [2014] KEELC 396 (KLR)

✦ The Plaintiff has not established a prima facie case to warrant an injunction.

Paolo Tarlazzi (Suing Through His Attorney) Carla Tarlazzi v Roberto Ciavolella [2014] KEELC 401 (KLR)

✦ The Plaintiff's application is dismissed as the suit property is owned by Melville Limited and managed by Johari Villas Management Limited, not by the Defendant.

Lydia Achieng Abura v Usonik Farm Purchase Co-Operative Society Limited [2014] KEELC 362 (KLR)

✦ The objection is unmeritorious and dismissed with costs.