Kenyan case law
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Ali Omar Kalama v Robert Katana [2019] KEELC 741 (KLR)
✦ The Plaintiff has proved his case on a balance of probabilities and the land registration is cancelled in favor of the Plaintiff
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Joshua Charo Kiraga & 2 others v Francis Thaki Mure & another [2019] KEELC 689 (KLR)
✦ The award and orders of the Bahari Divisional Land Disputes Tribunal are set aside
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Anwar Mohamed Ahmed & another v Moris Mwithali Mbaabu & 2 others [2019] KEELC 659 (KLR)
✦ The application for interlocutory injunction is dismissed with costs.
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Charles Wanguhu & 2 others v Cosmas Kiti And 46 others [2019] KEELC 601 (KLR)
✦ The application is dismissed with costs to the Plaintiffs/Decree-holder
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Njomo Njeru & 2 others v Priscilla Wanjira; James Ndwiga Njogu (Interested Party) [2019] KEELC 179 (KLR)
✦ The applicant/interested party is enjoined as an interested party to ventilate his interests in the suit property, and an injunction is issued against the respondents and others pending the hearing and determination of the intended appeal.
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June Geraldine Wambui Kiragu v Emmanuel Bahati Ngala [2019] KEELC 738 (KLR)
✦ Plaintiff is the registered owner of the land and the Defendant's continued stay interferes with the Plaintiff's peaceful and quiet ownership.
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Maganjo Joshua Kago v Rose Njeri Mbuiimbwe (As the Legal Representative of the Estate of the Late Nicholas Githuku Waruri [2019] KEELC 416 (KLR)
✦ The consent judgment and sale agreement are null and void due to forged signatures.
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Mohamed Salim Msellem v Halima Mshamu [2019] KEELC 675 (KLR)
✦ The court finds in favor of the Plaintiff, Mohamed Salim Msellem, and orders the Defendant, Halima Mshamu, to vacate the land within 45 days and demolish any structures on it. The Plaintiff is awarded costs of the suit.
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Kadenge Katana Mudalo & another v Phanny Kwamboka Mokaya & another [2019] KEELC 671 (KLR)
✦ The appeal is dismissed with costs to the Respondents
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Duci Annalisa & 32 others v Zubedi Beach Properties Limited [2019] KEELC 742 (KLR)
✦ The Originating Summons is allowed in terms of Prayers 1 to 4 thereof
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Kenneth Kirika Watene v Peter Kimani Kairu t/a KN Associates & 2 others [2019] KEELC 511 (KLR)
✦ The Suit Properties were properly conveyed to the 2nd Defendant and the Plaintiff's claim is dismissed.
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Rachel Oduma Juma v Luke Omollo Okwiri & another [2019] KEELC 693 (KLR)
✦ The application is dismissed. The stay of execution is denied and the applicant is ordered to file an appeal within the time limit.
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Dominique Lewa Mrabu v Agnes Shako Mulagui [2019] KEELC 654 (KLR)
✦ The court allows the Plaintiff's suit for vacant possession and a permanent order of injunction to restrain the Defendant from interfering with the land.
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Joyce Kanini Shadrack & another v Jane Wamunyu [2019] KEELC 529 (KLR)
✦ The court finds the issue of the size of the land occupied by the defendant as a non-issue. The court also determines that the plaintiffs have not produced sufficient evidence to prove the allocation of the land by Kirinyaga County Council. The suit is not res-judicata as the previous cases were not between the same parties or those under whom they claim litigating under the same title. The court does not find evidence of adverse possession.
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Katangi Developers Limited v Attorney General & another [2019] KEELC 677 (KLR)
✦ The court granted the petitioners' application for an order of prohibitory injunction and an order of mandatory injunction.
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Anthony Ndundi Mwambire Suing as the Legal Representative of Martha Paul Kazungu v Board of Governors – Gede Secondary School & 3 others [2019] KEELC 699 (KLR)
✦ The Plaintiff's application is dismissed with no order as to costs.
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Ring Road Developers Ltd v Papello Investments & 10 others [2019] KEELC 666 (KLR)
✦ The Plaintiff is the registered owner of the suit property and the Defendants' claim of adverse possession is not supported by evidence.
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Seventh Day Adventist Church (East Africa) Ltd – Victory SDA Church v Caleb Ouma,Sam Otieno, Richard Oluoch, Barrack Were & Abas Waheb, (Environment & Land Case 806 of 2015) [2019] KEELC 729 (KLR) (22 November 2019) (Ruling)
✦ The court denied the application to recall, review and set aside the eviction order, finding that the grounds for review were not met.
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Lucy Agape Wayodi v Kenya National Highways Authority & 2 others [2019] KEELC 698 (KLR)
✦ The court lacks jurisdiction as the suit was filed prematurely and the Petitioner has no cause of action until a determination of the boundary by the Land Registrar.
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County Government of Tana River v Mohamed Godhana & 3 others [2019] KEELC 629 (KLR)
✦ The orders against the 5th Defendant are set aside, and he is given an opportunity to present his case before the court.
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Ogembo Ondieki v Samwel Bosire Angwenyi & 2 others [2019] KEELC 54 (KLR)
✦ The application is dismissed with costs to the 1st defendant as the agreement arrived at by consent at a mediation session attended by both parties resulted in a consent judgment which can only be set aside by consent of the parties or for reasons that would vitiate a contract.
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Clement Wekesa Muuyi & another v Patrick Wekesa Okumu (sued as representative of the Estate of Okumu Masai (Deceased) [2019] KEELC 628 (KLR)
✦ The Court of Appeal upheld the appeal and ordered the Land Registrar to be inhibited from transferring or registering any dealings in the specified land parcels. The orders of the lower court were set aside, and the land parcels were to be cancelled and the title number reverted.
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Lucy Wanjira Nyaga & another v GRN(also being sued as a guardian of IMN minor) & 6 others [2019] KEELC 474 (KLR)
✦ The court granted the injunction and order of inhibition, preserving the disputed property until the suit is heard and determined.
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David Kipkoskei Kimeli v Titus Barmasai [2019] KEELC 505 (KLR)
✦ The application for stay of execution is granted
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Makembo Kaya v Silas Nyaga & 6 others [2019] KEELC 737 (KLR)
✦ The suit is hereby dismissed. The order of inhibition against the defendants' parcels of land is vacated. Costs are awarded to the defendants.