Kenyan case law
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Romano Massacesi & another v Gaetano Grasso aka Ennio Grasso [2015] KEELC 467 (KLR)
✦ Application dismissed as defective.
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Paul Njeru v Anthony Muchiri Wahome & 4 others [2015] KEELC 485 (KLR)
✦ The Plaintiff's application lacks merit and is dismissed.
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John Rimui Waweru & 3 others v Githunguri Constituency Ranching Co Limited & 5 others [2015] KEELC 497 (KLR)
✦ The Preliminary Objection is upheld.
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Winfred Wangari Chege v Faiz Hassan Azzubedi, Chief Registrar of Titles & Attorney General (Environment & Land Case 135 of 2014) [2015] KEELC 855 (KLR) (27 April 2015) (Ruling)
✦ The court grants a permanent injunction restraining the 1st defendant from carrying out any further developments on the suit property until the main suit is heard and determined on merit.
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Elisius Muranga v Andrew Mwangi Chui & 2 others [2015] KEELC 514 (KLR)
✦ The Plaintiff's suit is dismissed with costs to the Defendants, and Judgment is entered for the Defendants as per their counterclaim. The Defendants are directed to take steps to secure title to the property.
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Kranti Enterprises Limited v Ravs Fashions Limited [2015] KEELC 436 (KLR)
✦ The Court strikes out the suit and enters judgment in favor of the plaintiff with costs to the defendant.
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Musembi & another v Kenya Power & Lighting Company Liited (Environment & Land Case 537 of 2011) [2015] KEELC 851 (KLR) (24 April 2015) (Ruling)
✦ the application is allowed
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Alice Warigia John v Jane Wanja Kuria (Suing as Legal Representatives of Estate of Late Lucas Kuria Njiri) & 2 others [2015] KEELC 761 (KLR)
✦ The suit is dismissed with costs to the Defendants due to the Plaintiff failing to prove the first ground in the grounds set down in the case of Giella v Cassman Brown.
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Amos Njoroge Kamweru & 5 others v Kajiado County Government & 2 others [2015] KEELC 759 (KLR)
✦ The Preliminary Objection is hereby dismissed. Costs shall be in the cause.
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Maina Machira Ngari v Peter Murimi & 6 others [2015] KEELC 531 (KLR)
✦ The plaintiff/applicant’s claim to the suit land is that he has acquired the same by way of adverse possession. However, that claim is the subject of KERUGOYA ELC NO. 802 of 2013 in which he has sued the late MWANGI MAKARI seeking orders that he be declared to have become entitled to half share of the suit land by way of adverse possession. That case is yet to be heard and determined. The plaintiff/applicant’s Notice of Motion is lacking in merits and is hereby dismissed with costs.
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Lensol Limited v Simon Muchai Mungai, Peter Kamau Mbuthia, Humphrey Mwangi Waweru, Morrison K. Maina, K. Maina Ndung’u, Ephantus Kanja Mwangi, Jane Kamande Kariungu & Macharia Ngugi (? 2274 of 2007) [2015] KEELC 498 (KLR) (Environment and Land) (23 April 2015) (Ruling)
✦ The Plaintiff's preliminary objections are upheld, and the applications are struck out for non-conformity with the Civil Procedure Rules, 2010.
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Republic v Bahati Land Disputes Trubunal & 2 others Ex-Parte Mary Akai [2015] KEELC 521 (KLR)
✦ The Tribunal had no jurisdiction to handle the dispute.
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Phelix Polycarp Odhiambo Ogolla v William Kangara [2015] KEELC 767 (KLR)
✦ The court finds that the Defendant may not have been appropriately served with the court order on 25th July 2014, casting doubt on whether he was served at all. The court is inclined to resolve the doubt in favor of the Defendant.
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Lopusikur Lotunyo v Philip M. Kiptai [2015] KEELC 540 (KLR)
✦ The defendant's right to the 7 acres has been extinguished and he is holding them in trust for the plaintiff. The trust is terminated, and the 7 acres are to be transferred to the plaintiff.
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John Wathuo Ndegwa v Joseph Maingi Kimani ( Sued in his capacity as the Secretary to Menengai Crater Development Self Help Group) [2015] KEELC 517 (KLR)
✦ The plaintiff's case is dismissed with costs.
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Eric Tipis Lengeni & 3 others v National Museums of Kenya & 2 others [2015] KEELC 522 (KLR)
✦ The application for amendment of the plaint is allowed. The plaintiffs are granted leave to proceed to amend the plaint and are directed to file and serve the amended plaint within 14 days from the date of the judgment. The defendants may amend their respective defences 21 days after service of the amended plaint.
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James Lokor Rionolima v Simon Lokelima [2015] KEELC 534 (KLR)
✦ The Plaintiff is declared the beneficial owner of Plot No. 41 at Sook location. A permanent injunction is granted to prevent the Defendant from trespassing on the Plaintiff's land.
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Paul Macharia Wagunya v Mwangi Macharia Wagunya & another [2015] KEELC 537 (KLR)
✦ The plaintiff's claim for adverse possession is dismissed due to the time-barred nature of the defendants' titles. The plaintiff's alternative claim for breach of the sale agreement is upheld, and the defendants are ordered to pay the plaintiff the market value of the suit property and the developments he has made thereon.
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Judah Mwongela Muasya v Paul Ngui Katilu & another [2015] KEELC 523 (KLR)
✦ The Plaintiff purchased an identifiable portion of the property from the 1st Defendant and the 1st Defendant's claim that the Plaintiff's portion could only be hived off once a resolution is made and his portion identified collapses.
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Republic v Registrar of Titles & another Ex parte James Macharia Mwangi [2015] KEELC 518 (KLR)
✦ The Gazette Notice revoking the applicant's title is quashed, and the applicant is ordered to have his title reinstated and prohibited from interference.
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Samuel Obare Migosi v Kennedy Obae [2015] KEELC 762 (KLR)
✦ An interim injunction is granted to restrain the Defendant from entering, selling, or interfering with the property pending the hearing and determination of the suit.
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Precast Portal Structure Limited v Riccardo Lizier,Pietro Langui,Ivrea Group & Catholic Archdiocese, Nairobi (? 1327 of 2007) [2015] KEELC 503 (KLR) (Environment and Land) (22 April 2015) (Judgment)
✦ The Plaintiff is not entitled to LR Number 15314/10.
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Augustine Kipsang Kiptoo v Cheruiyot Arap Sawe [2015] KEELC 795 (KLR)
✦ The application is dismissed with costs.
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A N W v M W [2015] KEELC 536 (KLR)
✦ The court dismisses the defendant's preliminary objection and the plaintiff's originating summons is not struck out.
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Daniel Mwangi & 6 others v Sayani Investment Limited & 3 others [2015] KEELC 524 (KLR)
✦ The court found that the tenancy agreement was not in writing and signed by all parties, thus not meeting the requirements of Section 38(1) of the Land Act, No. 6 of 2012.