Kenyan case law
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Dorothy Margare Wanjiku Kung’u v Akash Himatlal Dodhia [2014] KEELC 385 (KLR)
✦ The Plaintiff's preliminary objection is upheld, and the Originating Summons is struck out.
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Kazungu Burashi Baya v Alphonce Victor Gambo Maropia [2014] KEELC 409 (KLR)
✦ The Plaintiff's suit is not an abuse of the court process due to Res Judicata, and the Plaintiff was not served with a hearing notice in the SRMCC No. 144 of 2011.
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Republic v Kahindi Nyafula & 3 others Ex Parte Kilifi South East Farmers Co-Operative [2014] KEELC 403 (KLR)
✦ The Notice of Motion is struck out for being filed out of time.
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Lydia Mwikali Shedrack v Dency Wanja Kakui & 2 others [2014] KEELC 384 (KLR)
✦ The suit is dismissed for want of prosecution.
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Daniel Kimani Mbugua & 3 others v Hannah Mwihaki Kamau [2014] KEELC 558 (KLR)
✦ The court awards costs to the Defendant and allows the Application for eviction of the Plaintiffs from the suit property.
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Karanja Mbugua & another v Marybin Holding Co. Ltd [2014] KEELC 378 (KLR)
✦ The court orders the cancellation of the transfer and rectification of the register, and orders the Defendant to vacate the property.
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Athman Salim Mohammed & another v Resiato Munguti & Noongipa Munguti Sued As The Administrators Of The Estate Of Siameto Ole Munguti & 9 others [2014] KEELC 541 (KLR)
✦ Allow leave to appeal out of time, decline prayer for ex parte conservatory orders
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Peter Njuguna Gachie v Alice Kemunto Ondieki & another [2014] KEELC 547 (KLR)
✦ The court finds that the Defendants were duly served with court process and declines to set aside or vary the judgment entered in this case.
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Maton Ene Masea & another v Dickson Yiaile Sitei & 3 others [2014] KEELC 540 (KLR)
✦ The Plaintiff's Application is dismissed with no order as to costs. The Defendant's Application is allowed, and the District Land Surveyor and Registrar are to determine the physical location of the disputed parcels within 90 days.
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Joyce Wairimu Karanja v Edward Murangiri Mugambi [2014] KEELC 542 (KLR)
✦ The Plaintiff has proved her ownership of the suit property and is entitled to exclusive possession of the land.
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Njuwangu Holdings Ltd v Langata KPA Nairobi West Trading Co Ltd & 5b others [2014] KEELC 551 (KLR)
✦ The court granted the interim injunctive orders against the 1st to 4th Defendants to restrain them from interfering with the plaintiff's possession and ownership rights in the suit land L.R. NO. 209/13415.
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Samimex Kenya Limited v Hawo Bisharo Omar & 6 others [2014] KEELC 543 (KLR)
✦ The Plaintiff is the rightful owner of the suit property and is entitled to the prayers sought in the Plaint. The Defendants are trespassers and are jointly and severally condemned to pay the Plaintiff damages amounting to Kshs. 100,000/- for each year of illegal occupation of the suit property since the year 2010 to date.
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Nancy Bomet & 2 others v Jamaldin Yahya & 14 others [2014] KEELC 546 (KLR)
✦ The court finds that the plaintiffs have established a prima facie case with high chances of success at the main trial, and allows the application only in respect of the titled suit properties with costs to the affected plaintiffs.
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Colombia Developers Limited v Chairman Parklands Sports Club [2014] KEELC 549 (KLR)
✦ The ELC has no jurisdiction to hear this dispute and the matter should be transferred to the Commercial and Admiralty Division.
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Kimoi Ruto & another v Samwel Kipkosgei Keitany & another [2014] KEELC 410 (KLR)
✦ The court held that the land registered in the name of a statutory corporation is land being enjoyed by the Government and thus not capable of sustaining a claim for adverse possession. The suit was dismissed with costs.
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Republic v Uasin Gishu County Physical Planner & 3 others Ex-Parte Herman Shibiti & 2 others [2014] KEELC 415 (KLR)
✦ The application is granted, and the stay of demolitions pending the determination of this application remains in force.
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Rosaline Tubei & 8 others v Patrick K. Cheruiyot & 3 others [2014] KEELC 413 (KLR)
✦ The application is dismissed, and leave to commence judicial review proceedings is declined.
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Jackson Agui & 1941 others v Cabinet Secretary Ministry of Devolution & Planning & another [2014] KEELC 412 (KLR)
✦ The application is dismissed as the prayer for fresh profiling is not prudent at an interlocutory stage.
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Charity Keter v Eco Bank Kenya Ltd [2014] KEELC 411 (KLR)
✦ The new suit and the application for injunction are declared to be an abuse of court process and struck out with costs to the defendant
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Abigael Barmao v Mwangi Theuri [2014] KEELC 416 (KLR)
✦ The plaintiff is declared the owner of the whole of the land parcel Uasin Gishu/Kahungura Scheme/237 as against the defendant. The defendant has no right over the suit land and is ordered to vacate the land within 30 days. The plaintiff is at liberty to move the court for an order of eviction if the defendant fails to vacate the land. The defendant is restrained from interfering with the suit land.
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Pradeep Kharamshi Shah & another v Manjula Dhirajlal Ratilal & another [2014] KEELC 152 (KLR)
✦ The application is dismissed with costs to the defendants
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Peter Ndungu Joseph Njoroge v Lazaro Mugo Munyi [2014] KEELC 423 (KLR)
✦ The suit is dismissed for want of prosecution.
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Benard Wachira Kibui v David Macharia Mwangi & 2 others [2014] KEELC 316 (KLR)
✦ The Court found that the Plaintiff has not established a prima facie case for the grant of temporary injunctions.
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Samson Kazungu Kalama v Robert Shume,Kazungu Dzombo (Boya-Boya),Nicholas Ngolo Gona & Lucy Buya & (Civil Case 144 of 2011) [2014] KEELC 429 (KLR) (4 April 2014) (Judgment)
✦ The Court finds in favor of the Plaintiff, confirming that he is the registered proprietor of the land and that he was compensated for the cashewnut trees on the property.
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Joyce Muthoni Waciuma v Cabinet Secretary for Lands, Housing and Urban Development & 4 others [2014] KEELC 430 (KLR)
✦ Interim conservatory orders and a temporary prohibitory injunction are granted.