Kenyan case law
-
Bhagwanji Dayalal Ramji v Mombasa Calibration Services & 3 others [2019] KEELC 541 (KLR)
✦ The court ordered the interlocutory judgment and consequential judgment against the defendants to be set aside and reviewed.
-
Boniface Kaguo Mwangi & Another v District Lands Registrar Murang’a & 2 others [2019] KEELC 551 (KLR)
✦ The Plaintiffs do not have the requisite locus standi to file suit on behalf of the alleged owner Waruhari Kabiru or the registered owner Macharia Waruhari.
-
Josphat Kinyua Kajui v Stephen Kanyaru M’Impwi [2019] KEELC 673 (KLR)
✦ The court found that the learned magistrate did not err in law and fact in finding that the respondent had established a prima facie case against the appellant.
-
Judith Cherono Mosonik (Suing as the administrator of the estate of Adrew Kiprotich Chepkwony (Deceased) v Dickson Kipkemboi Kipkemboi Kiplagat Changwony & another [2019] KEELC 753 (KLR)
✦ The defendants are entitled to have the costs of the previous suit in the sum of Kshs 71,425/= settled before the present suit can be proceeded with, and the present suit is hereby stayed until the costs are paid.
-
Joel Otoigo Nyansing’a v Annah Kwamboka Nyansig’a [2019] KEELC 448 (KLR)
✦ The appeal is dismissed with costs to the respondent
-
Kombo Namurwe Rashid (Suing as the Administrator to the Estate of Rashid Mashauri Namurwe – Deceased) v David Fabian Mukewa [2019] KEELC 719 (KLR)
✦ The court will review and vary the previous judgment, correcting the error in the description of the land parcel.
-
David Kipkoskei Kimeli v Titus Barmasai [2019] KEELC 505 (KLR)
✦ The application for stay of execution is granted
-
Republic v Cabinet Secretary for Petroleum & Mining & 2 others Ex parte Dennis Ruto Kapchok (Suing on his Behalf and on behalf of the Citizens of Tamkal, Kiwawa, Alale, Ortum Sebit, Pusel and Chepchoi, Iyon Iyang River, Marich and Endough in West Pokot County; County Governmetn of West Pokot & another (Interested Parties) [2019] KEELC 680 (KLR)
✦ The court dismissed the preliminary objection, finding that the court does have jurisdiction to hear the matter and that the proceedings are not defective.
-
Dipa Pulling v Suchan Investments Limited & 3 others [2019] KEELC 723 (KLR)
✦ The court found that the 3rd and 4th defendants had no right to sell their shares in the suit property to the 1st defendant without the consent of the plaintiff and the 2nd defendant. The 1st defendant acquired the 3rd and 4th defendants' shares lawfully and is registered as the owner of the said shares.
-
John Kiarie Waweru & another v Emma Njoki Njoroge [2019] KEELC 618 (KLR)
✦ The suit is not statute barred.
-
Njoroge Gitau v Mwangi Mwaura & 3 others; Maritha Wanjiku Njoroge (Intended Substituted Party/Applicant) [2019] KEELC 590 (KLR)
✦ The application for the revival of the Plaintiff's suit and the substitution of the deceased Plaintiff by Maritha Wanjiku Njoroge is allowed.
-
Peter Mburu Ngugi (Chairman) & 2 others (Suing as the officials of Karagita Self Held Mixed Group) v Thika River Estate Limited [2019] KEELC 747 (KLR)
✦ The plaintiff's application to amend the pleadings is dismissed with costs to the defendant.
-
Paolo Spiga & Gianfranco Maria Santucci v John Mugalasinga Khaminwa [2019] KEELC 728 (KLR)
✦ Application dismissed with costs to Plaintiffs.
-
Douglas Wabwire Wabidonge v John Ochieno Wanjala & 3 other; Cooperative Bank of Kenya (Interested Party) [2019] KEELC 262 (KLR)
✦ The court finds that the plaintiff was aware of the Interested Party's interests in the suit and that he knew or ought to have known these interests before joining the Interested Party to the suit. Consequently, the court awards costs to the Interested Party.
-
Esn v Mnm & another [2019] KEELC 298 (KLR)
✦ The report does not conclusively resolve the issues in controversy and the matter should be fixed for hearing.
-
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.
-
Kitgagich Tea Estate Limited & another v James Kosgey [2019] KEELC 754 (KLR)
✦ The application is dismissed with costs to the defendant
-
Benson Mwangi Wangai v Samuel Maina Kabiru Amos Kabiru Kimemia) (As the Legal Administrator of the Estate of Amos Kabiru Kimemia) [2019] KEELC 743 (KLR)
✦ The court awards the plaintiff 50% of the costs of his suit as against the defendant, who was only partially successful.
-
David K. Bett v Samson Kipkemboi [2019] KEELC 768 (KLR)
✦ The court denied the Plaintiff's application for leave to appeal and for a stay of execution, finding that the Plaintiff did not make a reasonable case for the stay and that the costs should be borne by the Plaintiff.
-
Joseph Mburu Ndekei v Ruth Njeri Mutuema [2019] KEELC 665 (KLR)
✦ The Court finds the Appellant's title impeachable due to fraud, and upholds the trial court's findings.
-
Abdul Ibrahim Musa v Rehema Badi Ali [2019] KEELC 235 (KLR)
✦ The application is dismissed with costs to the respondent
-
Ismail Omar Bwanakali & 11 others v Mwalimu Said Boye Alias Mwalimu Said Mwaboye & another [2019] KEELC 147 (KLR)
✦ The plaintiffs are entitled to be registered as tenants in common in equal undivided shares of the parcels of land known as KWALE/NG’OMBENI/2397 and KWALE/NG’OMBENI/2398.
-
Municipal Council of Kisumu v Teleposta Pension Scheme Registered Trustees & 26 others; K-Rep Bank Limited (Interested Party) [2019] KEELC 15 (KLR)
✦ The Court held that the Defendants' actions were in violation of the Plaintiff's rights and ordered the registration to be set aside.
-
Peter Wafula Khaemba v Mary Chelimo Sirima & 6 others [2019] KEELC 498 (KLR)
✦ Application dismissed with costs
-
Kisekem Limited v Michael Kipkering Cherwon & 3 others [2019] KEELC 761 (KLR)
✦ The court denied the application for stay of execution of the judgment pending the appeal.