Kenyan case law
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Letuya & 21 others v Attorney General & 5 others (Environment and Land Case Civil Suit 821 of 2012) [2014] KEELC 683 (KLR) (17 March 2014) (Judgment)
✦ The court declares the eviction of the Ogiek community from Marioshioni Location, Elburgon Division, and Nessuit Complex a contravention of their right not to be discriminated against.
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Joseph M. Kurui & 2 others v Ministry of Forestry & Wildlife & 4 others [2014] KEELC 451 (KLR)
✦ The application is dismissed as incompetent
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Purity Wahito & 2 others v Munene Kariuki [2014] KEELC 534 (KLR)
✦ The court finds that the appellants' defense was considered by the trial court, and the appellants were given the opportunity to move the High Court for a declaration of trust or apply to revoke the certificate.
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Barnabas N Waihuini v Nyagatugu Gathama Trading Co Ltd & another [2014] KEELC 374 (KLR)
✦ The Court granted the Plaintiff/Applicant's application for an injunction restraining the Defendants/Respondents from interfering with the Plaintiff's property until the hearing and determination of the suit.
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Bihindi Mwijaka Mwinyifaki & another (administrators of the estate of Mwanahawa Mwinyijaka Mwinyifaki (Deceased) v Ima Matano Mzee & 3 others [2014] KEELC 455 (KLR)
✦ The court ordered the case to be fixed for hearing to preserve the subject matter of the suit and to avoid a miscarriage of justice.
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Kenyabroadcasting Corporation v Komarock Ranching & Farming Co-Operative Society Ltd [2014] KEELC 452 (KLR)
✦ The Plaintiff's application for an interlocutory injunction is set down for hearing within the next 12 months.
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Alice Wanja Munji v Samuel Munji Kihanya & 2 others [2014] KEELC 523 (KLR)
✦ The Plaintiff's applications for injunction are dismissed as she has not established a prima facie case with any probability of success.
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Kipapi Ole Tamaiyan & another v George Ndula Meritei & 4 others [2014] KEELC 530 (KLR)
✦ The court dismisses the applications as the orders issued by Justice Majanja suffice to conserve the suit property pending the hearing and determination of the suit.
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Ibrahim Athman Said v Ibrahim Abdille Abdullah & another [2014] KEELC 524 (KLR)
✦ The court sets aside the dismissal order and reinstates the suit, with the plaintiff paying the defendants' costs.
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Mirko Blaettermann (suing through his power of attorney) Shabir Hatim Ali & Public Trustees (suing on behalf of Helmut Koster) v David Mwangi Muiruri, G Hotmann Cotova & Emprires & Partners Investments [2014] KEELC 459 (KLR)
✦ The suit should proceed alongside the criminal case and the 1st Plaintiff's claim should be considered.
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Mwatando Mwagambo Wasanga v Ngaruko Mwangome & 10 others [2014] KEELC 456 (KLR)
✦ The Application for injunction fails in respect to parcels of land registered in favor of the deceased Defendants.
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Naomi Michele Levy v Giuseppe Bolzoni [2014] KEELC 461 (KLR)
✦ The Plaintiff's Application is granted, and the Plaintiff's suit is reinstated for hearing.
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Mary Mbula Mukuvi v David Mwose Mwaluko T/A Aberdeen Properties Limited & 5 others [2014] KEELC 466 (KLR)
✦ The Plaintiff is granted leave to serve the 3rd-4th Defendants with the Amended Plaint, Amended Notice of Motion and Summons to Enter Appearance by way of advertisement in The Daily Nation newspaper on a weekday.
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Christopher Wachira Githui v Joreth Limited & another [2014] KEELC 463 (KLR)
✦ The Plaintiff's application for an injunction is dismissed.
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Duncan Kabui v Samuel Bede Ogembo & another [2014] KEELC 458 (KLR)
✦ The court dismissed the Objector's application, finding that the sale agreement is not evidence of ownership and that the Defendant's assets are free and clear.
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Bhupendrakumar Premchand Shah & another v Nengee Investments Company [2014] KEELC 518 (KLR)
✦ The court granted the plaintiffs' application for a temporary injunction and ordered the defendant to allow the plaintiffs to bring down the fencing and erect a perimeter wall.
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Mohamed Safiq Rafiq v Ayub Khan Karim & another [2014] KEELC 457 (KLR)
✦ The suit is struck out as an abuse of the court process
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Abdullatif Ahmed Yunus v Hussein Mohamed Abdulkadir & another [2014] KEELC 469 (KLR)
✦ The court finds that the 1st Defendant did not pay the full purchase price of Kshs.300,000 to the Plaintiff and that the suit property was fraudulently registered in the Plaintiff's name.
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Paul Kipchumba Serem v William Chepkwony [2014] KEELC 468 (KLR)
✦ Defendant has disobeyed the injunction order and is to be arrested and punished in court.
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Danson Muniu Njeru v William Kiptarbei Korir & 6 others [2014] KEELC 460 (KLR)
✦ The plaintiff's suit succeeds, and the counterclaim for specific performance is dismissed.
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Pius Biwott Kiprotich v Yusuf Kimutai [2014] KEELC 464 (KLR)
✦ The application for injunction is allowed.
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Joseph Tireiti v Jacob Kipsugot Arap Lagat & another [2014] KEELC 462 (KLR)
✦ There was a sale agreement between the plaintiff and the 1st defendant for 1/4 share of the original land parcel in 1971. The 1st defendant sold 26.5 acres to the 2nd defendant, and the plaintiff is entitled to ownership of 26.5 acres.
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Brek Sulum Hemed v Constituency Development Fund Board & another [2014] KEELC 476 (KLR)
✦ The applicants are allowed to be joined in the suit as necessary or interested parties.
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Cosmus Mwangudaza v Emmanuel Menza Thuva [2014] KEELC 473 (KLR)
✦ The court issued orders for temporary injunction, eviction, and demolition as requested by the Plaintiff.
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Michelle Caliendo & another v Sun Reef Limited & 4 others [2014] KEELC 471 (KLR)
✦ The judgment and orders of the court of 18th October 2013 should be set aside ex debito justitiae.