Kenyan case law
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Juliet Cionjoka Mutegi & 3 others v Hilda Karimi Njeru [2017] KEELC 792 (KLR)
✦ The suit is dismissed for want of prosecution.
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Ngunjiri Macharia & Francis Mwangi Macharia v Joseph Mwaniki Macharia [2017] KEELC 405 (KLR)
✦ The application is dismissed with costs
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Republic v Land Registrar, Vihiga & 2 others Ex-parte: Paresh Narandash Sedani [2017] KEELC 838 (KLR)
✦ The application is dismissed for want of prosecution and the respondent is ordered to take a hearing date within 30 days.
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Kipkemboi Kosgei v Samuel Kipkoech & 4 others [2017] KEELC 407 (KLR)
✦ The application is granted, and the proceedings of 14.7.2017 and any consequential orders are set aside. The suit is re-opened for the defendants to cross-examine the plaintiff and present their evidence.
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Bahati Temo & 6 others v Swafiya Abdalla & another [2017] KEELC 873 (KLR)
✦ The Court grants leave to the Plaintiffs to file and serve their further affidavits within 21 days, and the Defendants are granted leave to file and serve their response within 14 days.
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Ephantus Mugo & another v Dakane Abdullahi Ali & 3 others [2017] KEELC 897 (KLR)
✦ The applicants' application has merit and an injunction is allowed in terms of prayers two (2) and five (5) of the Notice of Motion.
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Jenifer Akeyo Wale v Joseph Ondiek Olweny [2017] KEELC 725 (KLR)
✦ The court finds that the summons were properly served on the defendant, who has been in possession of the suit land.
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Mada Hotels Limited v County Government of Narok [2017] KEELC 315 (KLR)
✦ The Judge granted the Applicant leave to commence Judicial Review proceedings but declined that the leave operate as a stay.
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John Somiyu Palanga & another v Chepkooe Koskei & another [2017] KEELC 860 (KLR)
✦ The application is dismissed with costs
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Mary Mudambo v Julius Tuwei Cheputek [2017] KEELC 702 (KLR)
✦ The application has merit and a temporary injunction is granted to restrain Cheputek from entering the suit land.
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Kenneth Mwiti M’turuchiu v Charles Mugambi Ringera [2017] KEELC 901 (KLR)
✦ The plaintiff has proved his claim on a balance of probability and is entitled to the land by way of adverse possession.
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Alex Sande Wafula (Suing as the Legal representative of the estate of the late Wafula Mulunda John (Deceased) v Jairus Wakhungu Mulunda [2017] KEELC 303 (KLR)
✦ The plaintiff's claim is not covered by Sec. 20(1) (a) or (b) and is therefore time barred by limitation.
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Mwirigi M’Kirera v Moses Kithinji M’Ikiara [2017] KEELC 918 (KLR)
✦ The appeal succeeds, and the judgment is set aside. The Appellant is declared the rightful owner of Plot No. 167 at Nkubu market, and a permanent injunction is issued restraining the Defendant from trespassing and encroaching into the Plaintiffs Plot No.167 Nkubu market.
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Oloolua Holdings Ltd v Nairobi City County & 7 others [2017] KEELC 846 (KLR)
✦ The court finds that the applicant has demonstrated a prima facie case with probability of success and allows the application in terms of prayer three (3) and four (4).
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Moses Mwenjera Ndaba & Maureeen Njeri Muhinya v Kenya Women Finance Trust & another [2017] KEELC 811 (KLR)
✦ The Court finds merit in the Application and grants a Temporary Injunction, which will subsist until the 1st Respondent carries out a forced valuation as required under Section 97(1) of the Land Act, 2012.
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Ephantus Mihingo Ngotho v Barnabas Kiprop Kiptum [2017] KEELC 583 (KLR)
✦ The preliminary objection is dismissed as it has no merit.
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James M'Ngaruthi M' Rintari & another v Muguna M’Rintari [2017] KEELC 801 (KLR)
✦ The Court will proceed to determine the present case as if it is a fresh matter due to lack of information about the previous case.
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Kamau Tichu & 16 others v Ikere Gitau, Attorney General & Commissioner of Land [2017] KEELC 236 (KLR)
✦ The application to extend time for substitution of the deceased litigant is dismissed. The suit is abated as against the 1st respondent.
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Joseph Muthuri Ikunyua v James Muthuri Kinyua & 3 others [2017] KEELC 943 (KLR)
✦ The suit is res judicata to the succession cause, and Plaintiff's claim of adverse possession is not proven.
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Joseph Kipkorir Kipserem v William Cherono [2017] KEELC 386 (KLR)
✦ The application is allowed, and the applicant Mary Jelagat Kibiwot is enjoined as an interested party in the suit.
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Kamau Kania v Patrick Rerimoi & 2 others [2017] KEELC 34 (KLR)
✦ The application to revive the abated suit is allowed, and the applicant is substituted for the deceased plaintiff.
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Julius Wanjohi Mwangi & another v Margaret Nduta & another [2017] KEELC 360 (KLR)
✦ The Plaintiffs have established a prima facie case with a probability of success and will suffer irreparable loss if the injunctive orders are not granted. The Court will not grant the orders as sought but will proceed to make an inhibition order pending the hearing and determination of the suit.
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Joseph Mbati Otinga v Margaret Ajuane Mayabi [2017] KEELC 713 (KLR)
✦ The plaintiff's adverse possession claim is upheld, and he is declared the owner of the land.
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Cynthia Wanjiru Gitonga v Christine Njoki & another [2017] KEELC 947 (KLR)
✦ The court granted the plaintiff's application for a temporary injunction.
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Salim Idd Zakumera v Wilson Burugu Gitau & 2 others [2017] KEELC 916 (KLR)
✦ The Court finds merit in the application and allows it, setting aside the order of non-attendance and directing that the petition be fixed for full hearing.