Kenyan case law
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Maryann Mohamed Cheabril (Suing as the administrator of the estate of Asha Jabril Mohamed (Deceased) v Michael Koome Mburugu & 6 others [2019] KEELC 730 (KLR)
✦ The court issued orders for the 1st defendant to file and serve a witness statement within 7 days, for all parties to ensure service of all apposite filings, and for non-compliant parties to comply within 21 days. The court also clarified that Case Management will take place on 17th December, 2019, with the aim of fixing an early hearing date.
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Erinyit Eporon Nguruka & 4 others v National Land Commission & 6 others [2019] KEELC 769 (KLR)
✦ The application to strike out the 6th and 7th defendants from the suit is dismissed.
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Richard Daudi Nzyuko & another v Rachael Kailu Nzioka & 2 others [2019] KEELC 661 (KLR)
✦ The Defendants' failure to file witness statements was due to a bona fide mistake, and they are allowed to file them within 60 days of the ruling.
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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.
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Philip Odero Makabong’o v Joseph Okech Nyamanga [2019] KEELC 411 (KLR)
✦ The application is dismissed. The suit is not struck out, the ex-parte orders are not vacated, and further proceedings are not stayed.
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M’mboroki Thuraine v M’ikiao Laikuru & 3 others [2019] KEELC 727 (KLR)
✦ The court dismissed the appeal and upheld the learned magistrate's decision to allow the preliminary objection raised by the respondents.
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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.
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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.
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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.
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Peter Wafula Khaemba v Mary Chelimo Sirima & 6 others [2019] KEELC 498 (KLR)
✦ Application dismissed with costs
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Julius Gatambia & another v James Macharia Gichure & 5 others [2019] KEELC 770 (KLR)
✦ The application to set aside the dismissal of the suit for want of prosecution is allowed.
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Rebublic v Land Settlement Fund Board Trustees & 3 others;Flora Mwenja (suing as the representative to the estate of Ezekiel Ngure Mwenja (Deceased) (Applicant) [2019] KEELC 5093 (KLR)
✦ The ex parte applicant is not entitled to the remedies sought and the application is dismissed with no order as to costs
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Rosa Cherwon & another v Ben Mukholi Wamakot & 2 others [2019] KEELC 350 (KLR)
✦ The plaintiffs are the rightful owners of the land parcels and the defendant must vacate the land and establish the boundaries as ordered.
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Lawrence P.B. Odunga v Thomas Kandete & 3 others [2019] KEELC 759 (KLR)
✦ The court finds in favor of the plaintiff, Lawrence P.B. Odunga, and orders the defendants to vacate the land parcel No. 5777/3 CHEPKOROK and pay the plaintiff's costs.
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Martha Wambui Kinyua v Beatrice Wanjiru Kambo & another [2019] KEELC 496 (KLR)
✦ The court declines to issue the declarations sought by the Plaintiff as there is no proof that plot number Tassia-II-97/1163/008/1 is the same as Tassia-II-97/1163/0370/1.
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Republic v Cabinet Secretary Lands & another; Orwa Group Ranch Representatives (Interested party) Ex-Parte Patrick Pkiach & 6 others [2019] KEELC 651 (KLR)
✦ The application is dismissed.
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Beatrice Mghamba Onyonka v Beatrice Mghamba Onyonka [2019] KEELC 690 (KLR)
✦ The court granted the stay of execution pending appeal.
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Archibishop Elijah B. Wamburi & 2 others v Archbishop Joshua Wilson Muthioma & 6 others [2019] KEELC 367 (KLR)
✦ The court finds that there was no fraud in the registration of the land to Israel Assembly of Kenya, and the Plaintiffs do not have a cause of action against the Defendants.
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Josephat Mose Mairongi v Chairman Land DisputesTribunal Rachuonyo District & Jenipher Auma Awendo [2019] KEELC 459 (KLR)
✦ The applicant is not entitled to the orders sought in his application.
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Bapa Investment Limited v Nairobi Crankshaft Centre Limited [2019] KEELC 497 (KLR)
✦ The Defendant is granted leave to exercise its right of appeal out of time.
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Kenya County Governments Workers Union (Formerly Kenya Local Governments Workers Union) Meru Branch Through Joseph Kithela & 3 others v Morris Mutethia & another [2019] KEELC 494 (KLR)
✦ Application dismissed with costs
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Nixon Sunte Karaine & another v Ephraim Kaingi Mbuthia & 2 others [2019] KEELC 528 (KLR)
✦ The Court declines to grant a stay of execution and orders the subject property to be advertised and sold by public auction.
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Joseph Njuguna v Elizabeth Mukuhi Nganga & another [2019] KEELC 670 (KLR)
✦ The court found that the boundary on the ground differs from the one depicted in the Registry Index Map (RIM). The court ordered the 2nd Defendant to enforce the demarcations and boundary between the Plaintiff's property and the 1st Defendant's land as reflected in the Registry Index Map (RIM).
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Curly Klurly Ltd v Mtoi Mwero Mtoi & 3 others [2019] KEELC 166 (KLR)
✦ The court strikes out the entire suit and the interlocutory application dated 31st December 2018 with costs to the defendants.
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Edda Kanini Karijo & another v Patrick Munoru & another [2019] KEELC 484 (KLR)
✦ The application for a stay of execution of the ruling in Tigania CMCC No. 29 of 2013 is marked as spent by maintaining the status quo, with the appellant to remain in utilization of land parcel 9080 and the respondent to remain in utilization of land parcel 5230, pending the hearing of the appeal.