Kenyan case law
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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
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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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Pondeni Farmers Co-operative Society Limited & 18 others v Commissioner of Co-operative Development & 15 others [2015] KEELC 473 (KLR)
✦ The petition is dismissed.
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Republic v North Kinangop Land Tribunal & 2 others Ex-parte David Muthee Mburu (Judicial Review 51 of 2012) [2015] KEELC 453 (KLR) (13 May 2015)
✦ The decree is quashed as the tribunal had no jurisdiction to make the award.
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Sabine Tanja Kusshauer v Nimrod Njueh Mate & another [2015] KEELC 798 (KLR)
✦ The Plaintiff has failed to prove the first ground in the grounds set down in the celebrated case of Giella versus Cassman Brown, and the Application is dismissed.
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Paul Tapukai Mebarne & another v County Government of Narok & another [2015] KEELC 241 (KLR)
✦ Leave granted and the grant of leave operates as a stay, barring the County Government of Narok and the NLC from proceeding to constitute the County Land Management Board as recommended.
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Josephat Muthui Mwangi v Chief Land Registrar & 2 others [2015] KEELC 454 (KLR)
✦ The title was acquired through fraud and cannot be upheld. The plaintiff is the lawful owner of the suit properties. The 2nd defendant is ordered to surrender the original title deeds to the Land Registrar for cancellation. The plaintiff is awarded mesne profits from the time the suit was filed until delivery of possession, subject to payment of reasonable rent.
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John Mwangi Wamai v Teresa Gathiri Mwema [2015] KEELC 249 (KLR)
✦ The court finds the application merited and allows it, consolidating the two suits for hearing.
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Nancy Wanjiku Maina v Jane Wairimu Mwangi & 3 others [2015] KEELC 434 (KLR)
✦ The court ordered a temporary injunction restraining the respondents from evicting the plaintiff and her siblings from the property pending inter-parties hearing and determination of the suit.
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Harjinder Singh Bhogai & Kulwinder Singh Sandhu v Edward Mukundi Karanja & Veronica Wanjiku Karanja (Environment & Land Case 821 of 2014) [2015] KEELC 768 (KLR) (8 May 2015) (Ruling)
✦ The court finds no prima facie case for specific performance and holds that damages would be an adequate remedy.
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Mjanaheri Farm Limited v China Road & Bridges Corporation & another [2015] KEELC 507 (KLR)
✦ The Plaintiff is not entitled to special damages and general damages from the 1st Defendant as the land was acquired for a material site, not for the construction of a road.
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Joseph Ng’ang’a Muthinga v Lilian Wambui Ndung’u & 2 others [2015] KEELC 437 (KLR)
✦ A permanent injunction is granted to the Plaintiff, restraining the Defendant from remaining on the property. The Defendant is given 30 days to vacate the property and remove all structures. The 2nd interested party is ordered to compensate the Defendant.
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Charles Langat v Mnkeshkumar Kantilal Patel [2015] KEELC 410 (KLR)
✦ The application for joinder is dismissed as Mr. Odhiambo has not demonstrated an interest in the suit property.
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Mungai & Others v John Wainaina & 8 others [2015] KEELC 771 (KLR)
✦ The court dismisses the applications and directs the parties to exchange documents and witness statements within 45 days. The 4th and 5th defendants' notice of motion is also dispensed with, with a further 30 days for compliance.
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Dickson Chalova Nguma v Patrobus Mangi Chai [2015] KEELC 509 (KLR)
✦ The Plaintiff is entitled to the suit premises as he has a letter of allotment and has been in possession since 1987.
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Mungai & others v John Wainaina & 4 others [2015] KEELC 765 (KLR)
✦ The court dismisses the interlocutory applications and directs the parties to exchange documents and witness statements within 45 days. The suit is fixed for pre-trial directions on 24th June 2015.
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Kenga Iha Mitsanze v Kitsao Karisa & 2 others [2015] KEELC 508 (KLR)
✦ The court grants the application and allows the appeal to be filed out of time.
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Muhuri Muchiri v Hannah Nyamunya (Sued as the Administrator of the Estate of Njenga Muchiri also Known as Samuel Njenga Muchiri (Deceased) (? 1076 of 2014) [2015] KEELC 499 (KLR) (Environment and Land) (7 May 2015) (Judgment)
✦ The Court can sever the tenancy in common and the Applicant is entitled to 83.33% of the property.
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Mercy Wanjiru & 3 others v Gerald Kariuki Wabacha & 2 others [2015] KEELC 772 (KLR)
✦ The interim injunction is set aside and the parties are directed to complete compliance with Order 11 of the Civil Procedure Rules within the next 30 days.
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Josana Academy v David Owino Ondeng & 4 others [2015] KEELC 782 (KLR)
✦ The court finds in favor of the plaintiff, Josana Academy, and grants the plaintiff's prayers for an eviction order, a declaration of fraud, and a transfer of ownership.
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Philip K. Varghese v Francis Pius Omweri Nyaberi T/A Stir-Land Enterprise [2015] KEELC 388 (KLR)
✦ The court dismisses the plaintiff's application for a temporary injunction, finding that the plaintiff has not satisfied the three principles set out in Giella v Cassman Brown.
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Reuben Ochiemo Obwora v Timothy Cherangis Naibei [2015] KEELC 479 (KLR)
✦ The plaintiff's application lacks merit and is hereby dismissed with costs to the defendant.
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Jennifer Chebet Sang v Jane Jeptoo Sawe [2015] KEELC 472 (KLR)
✦ The court held that the three sale agreements were void due to lack of consent from the land control board, and the defendant has not acquired the land by adverse possession.
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David Randich v Joel Tirop Busienei [2015] KEELC 359 (KLR)
✦ The court found the land sale contract void due to lack of Land Control Board consent and ordered Busienei to vacate the land. The court dismissed the appeal.
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Joseph Karanja Gatuthu & 2 others v Jotham Njami Mwariri & 3 others [2015] KEELC 488 (KLR)
✦ The 1st Defendant is restrained from selling, transferring, leasing, charging or otherwise alienating the suit property and from demolishing or altering the buildings and structures on it pending the hearing and determination of the suit.