Kenyan case law
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Elizabeth Mumbi v Timothy Kimani Muigai & 2 others [2015] KEELC 438 (KLR)
✦ The application is granted.
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Benard S. Rotich v James Kimosbei Tuwei & 3 others [2015] KEELC 366 (KLR)
✦ The application is allowed, and Mr. Birech and the firm of Birech, Ruto & Company are disqualified from representing the 1st, 2nd, and 3rd defendants. The plaintiff is ordered to bear the costs of the application.
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Charles Owiti Mudunyi & 2 Others v Apollos Kennedy Mwangi [2015] KEELC 480 (KLR)
✦ The court dismissed the applicant's application for review, finding that the applicant did not provide new and important evidence and that his claim was dismissed due to the lack of evidence of payment.
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Moses Kiptanui & another v Evans Kamau Mwaura [2015] KEELC 476 (KLR)
✦ The applicants' application is dismissed with costs to the respondent.
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David Maritim Yego v Tecla Chepkosgei Sitienei [2015] KEELC 471 (KLR)
✦ The plaintiff's application for an injunction is dismissed with costs to the defendant. An injunction is granted in favor of the defendant restraining the plaintiff from interfering with her six acres on the suit land.
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Ramadahan Makal Lalangole v Lopusikou Kori Lokamar [2015] KEELC 469 (KLR)
✦ The mandatory injunction granted by the lower court is upheld.
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Oliver Tavares & another v Pricilla Gaceri Mugambi [2015] KEELC 494 (KLR)
✦ The Application is unmeritorious and is struck out with costs.
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Morris Ngundo v Lucy Joan Nyaki & Tua Benyambo Nyaki (suing thr' their capacity as administratrix and administrator of the estate of Gilbert Mboni Nyaki (Deceased) (Civil Appeal 12 of 2013) [2015] KEELC 492 (KLR) (15 May 2015) (Judgment)
✦ The Appellant's appeal is dismissed as he did not file an appeal challenging the Magistrate's rulings allowing the legal representatives to be joined in the suit after the suit had abated.
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Abdulllahi Isak Idow v Habiba Huka Gedo & Bakasi Enterprises Ltd (Environment & Land Case 568 of 2014) [2015] KEELC 784 (KLR) (15 May 2015) (Ruling)
✦ The Court dismisses the Application and costs shall be in the cause.
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Juliah Wambui Kirathi v Nelius Wanjiku & another [2015] KEELC 441 (KLR)
✦ The Court finds that this case involves a dispute over the estate of the deceased and the rightful beneficiaries, and thus is not the proper forum to adjudicate over such a dispute.
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Jacinta Nduku Munyambu v Silvester Macharia Kamere [2015] KEELC 777 (KLR)
✦ The court granted the plaintiff an injunction to restrain the defendant from interfering with the plaintiff's quiet possession of plot NO. 171.
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Nyevu Mazia Mkongo v Elizabeth Kasoha Adema (? 85 of 2014) [2015] KEELC 491 (KLR) (15 May 2015) (Judgment)
✦ The Plaintiff has proved his case on a balance of probabilities and is declared the rightful owner of the suit property
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Capuchini Fransciscan Fathers (Kenya) Registered Trustees v Monica Syombua Mutua [2015] KEELC 493 (KLR)
✦ The court finds that an order of specific performance can issue as there is a valid and enforceable contract between the parties.
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Mathias Dabasa v Francis Chege [2015] KEELC 489 (KLR)
✦ The court cannot strike out the Defendant's Defence as it raises triable issues. The Plaintiff's Application to strike out the Counterclaim is also dismissed.
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Kazungu Fondo Shutu & another v Japhet Noti Charo [2015] KEELC 495 (KLR)
✦ The Application is dismissed with costs.
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Edward Kinuthia Muchene & another v Simon Macharia Muchene & another [2015] KEELC 770 (KLR)
✦ The court granted an order of injunction restraining the defendants from dealing with the land pending the hearing and determination of the suit.
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Pauline Njeri Ndiho & another v Mungai Ndiho & 2 others [2015] KEELC 776 (KLR)
✦ The court finds no basis to sustain the cautions registered against the plaintiffs' parcels of land by Reuben Vincent Mugo and orders that the cautions be removed.
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James Waigwa Kaireti & another v Attorney General & 5 others [2015] KEELC 431 (KLR)
✦ The court finds that the plaintiff was correctly allotted land parcel 1840 and that the defendants' claims of mistake or misrepresentation are not supported.
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Kibichii Mogotio & 2others v District Land Registrar, Baringo [2015] KEELC 444 (KLR)
✦ The application for leave to commence judicial review proceedings against the District Land Surveyor is rejected as the application was filed more than 6 months after the decision was made.
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Loise Chemutai Ngurule & another v Wilfred Leshwari Kimung’en & 2 others [2015] KEELC 447 (KLR)
✦ The application is allowed, and the defendants are granted extension of time to lodge their Notice of Appeal out of time.
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Njenga v Kanyiri & 2 others (Environment and Land Case 345 of 2014) [2015] KEELC 452 (KLR) (14 May 2015) (Ruling)
✦ The preliminary objection is dismissed, and the claim of the 2nd defendant against the 1st defendant is heard concurrently with the claim of the plaintiff.
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Charles Letoya Mapelu Zakayo v Simiren Segeny (Environment & Land Case 362 of 2013) [2015] KEELC 445 (KLR) (14 May 2015) (Judgment)
✦ The plaintiff's claim is dismissed with costs as he failed to prove his case on a balance of probabilities.
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Benjamin Kibiwot Chesulut v Mary Chelangat & another [2015] KEELC 446 (KLR)
✦ The court dismissed the defendants' counterclaim and ordered the defendants to vacate the suit property.
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Ndeffo Co. Ltd v Kishor Kumar Dhani Varsani (Civil Case 178 of 2009) [2015] KEELC 448 (KLR) (13 May 2015) (Ruling)
✦ Application for injunction is dismissed
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Republic v Land Adjudicaton & Settlement Officer, Naivasha & 3 others Ex-Parte John Chege Ndungu [2015] KEELC 451 (KLR)
✦ Leave to commence judicial review proceedings granted