Kenyan case law

Saima Jepkemboi Ondimu v Principal Secretary, Ministry of Lands Housing & Urban Development & 2 others [2016] KEELC 439 (KLR)

✦ The court dismissed the Plaintiff's application for an injunction, finding no merit in it and no prima facie case for the Plaintiff.

Teni Limited v Annunciata Waithera Kibue & 2 others (Sued as the Administrators of the Estate of James Aram Kibue, Deceased) [2016] KEELC 434 (KLR)

✦ The court allows the application for consolidation of the two suits.

Paul Wanyiri Nderitu v Esther Njiru-Omulele t/a Muriu, Mungai & Co. Advocates & another [2016] KEELC 427 (KLR)

✦ The defendant's application is dismissed with costs

Mavuti Muange Nthei v Cabinet Secretary Ministry of Lands and Housing & 3 others [2016] KEELC 437 (KLR)

✦ The plaintiff's application has no merit and is dismissed with costs to the 3rd and 4th defendants.

Meuledi Kitongo Iseme v Nairobi City County & another [2016] KEELC 633 (KLR)

✦ The Plaintiff/Applicant has satisfied all the 3 grounds set out for the grant of a temporary injunction and the balance of convenience tilts in favour of the Plaintiff/Applicant.

Joseph Oginga Onyoni & 2 others v Attorney General & 2 others [2016] KEELC 205 (KLR)

✦ The Land Disputes Tribunal's decision was null and void due to lack of jurisdiction, and the court ordered the endorsement and decree by the Ogembo Principal Magistrate's Court to be set aside.

Duncan Cheruiyot Koech v Sofia L Shijenga [2016] KEELC 242 (KLR)

✦ The court finds that the defendant's occupation of the suit land is unlawful and orders the defendant to vacate the land.

Chuma Fabricators Limited v Alcon Holdings Limited [2016] KEELC 632 (KLR)

✦ The Application is allowed with costs to the Defendant.

Kiptarus Too v Kibiator Arap Rop & another [2016] KEELC 237 (KLR)

✦ The suit is dismissed as the plaintiff has an existing judgment from the Principal Magistrate's Court which will expire in 12 years and the suit is superfluous.

Janeffer Chebii Kimetto v Board of Governors Chebwagan Youth Polytechnic [2016] KEELC 664 (KLR)

✦ The court grants an injunction to stop the defendant from building on the plaintiff's land until the conclusion of the suit.

Kiplangat Arap Korir v Richard Kipyegon Korir& 3 others [2016] KEELC 670 (KLR)

✦ The application for leave to amend the plaint is allowed. The plaintiff is granted the opportunity to present his case as he wishes.

Cheruiyot Chepkwony v Sarah Chesiele Barta & another [2016] KEELC 659 (KLR)

✦ The application for eviction filed by the 2nd defendant is dismissed as the proper avenue is to file a fresh suit against the personal representatives of the deceased plaintiff since they are not parties to the suit

Registered Trustees &another; v Kennedy Bosire Gichana [2016] KEELC 273 (KLR)

✦ The court grants the application for leave to amend the defence to include a counterclaim, finding that the defendant/applicant cannot amend the defence to include a counterclaim without leave of the court.

Samuel Sigira A Koech v Vincent Kibet [2016] KEELC 636 (KLR)

✦ The application for review is dismissed due to unreasonable delay and lack of evidence to prove trespass.

Rusy Jeserem Kirui v Francis Chepsiror Kipchirchir [2016] KEELC 232 (KLR)

✦ The application is dismissed. The defendant/applicant's case has merit and raises triable issues, but the defendant was critically ill and unable to respond to the suit papers and attend court.

Kennedy Kariuki Mwangi v Veronicah Wagio Miruani [2016] KEELC 1258 (KLR)

✦ The court denied the Plaintiff/Applicant's application for a temporary injunction.

Jane Chemweno v Paul K. Chemweno [2016] KEELC 283 (KLR)

✦ The respondent is committed to civil jail for a period of one month for being in contempt of court, or alternatively, a fine of Kshs.50,000/=. The plaintiff is allowed back in the disputed property.

Flora Wangui Kariuki v Kariuki Njoroge & 2 others [2016] KEELC 355 (KLR)

Edna Cherono Bore v Equitorial Commercial Bank Ltd & 2 others [2016] KEELC 648 (KLR)

✦ The court found that the applicant was served with the requisite statutory notices and that she has not made out a case for grant of injunction.

Meshack Odhiambo Mbasa & 2 others v Patrick Mbasa [2016] KEELC 682 (KLR)

✦ The court finds that the notice of motion has merit and is allowed in terms of prayer 3 pending hearing and determination of this suit with costs.

Josphat Mwaniki Mwangi v Zacharia Mwaniki Mwangi & another [2016] KEELC 644 (KLR)

✦ The application is dismissed with costs as it lacks merit and was not defended.

Ndathi Mugunda Company Limited v Gabriel Waweru Njogu & 5 others [2016] KEELC 638 (KLR)

✦ The court found that the change of directors was not fraudulent and that the defendants had no legal mandate to manage the plaintiff's affairs. The court also found that the defendants' refusal to hand over the affairs and property was not wrongful or unlawful.

Rael Kemunto v Wycliffe Adego & another [2016] KEELC 641 (KLR)

✦ The plaintiff's application is dismissed with costs to the respondents.

Paul Mwenda M'Inoti (suing in his capacity as administrator ad litem of the estate of Hellen Karambu M'Inoti (Deceased) v Peter Kirima Imathiu [2016] KEELC 601 (KLR)

✦ The application is allowed in terms of Prayer 4 only, and the Plaintiff is ordered to fully comply with Order 11, CPR, within 60 days and serve all compliance documents upon the Defendant/Respondent who is not present in Court.

James Kiterie Alfayo v Margaret Wambete [2016] KEELC 619 (KLR)

✦ The court finds that the applicant has failed to meet the threshold set out in Order 42 Rule 6 of the Civil Procedure Rules and dismisses the application with costs to the respondent.