Kenyan case law

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.

Joshua Kiprop Kiptanui v Agricultural Finance Corporation [2015] KEELC 386 (KLR)

✦ The application is dismissed with costs.

Mbugua Kamau Mugwe & 2 others v Jospeh Kimani Kangethe & 2 others [2015] KEELC 513 (KLR)

✦ The court enlarges the time for the plaintiffs to file and serve their Notice of Appeal within the next 14 days.

Rosemary Aoko Munjal v Noel Namenya Munjal [2015] KEELC 482 (KLR)

✦ Noel is presumed to be a wife for purposes of the Act and is a joint administrator with Rosemary.

Kanubhai Somabhai Patel & another v Rapid Communications Limited [2015] KEELC 502 (KLR)

✦ The Court dismissed the Defendant's preliminary objection and granted the Plaintiffs' application for a mandatory injunction.

Paul Wanyiri Nderitu v Esther Njiru – Omulele & Others T/A Muriu Mungai & Company Advocates & another [2015] KEELC 500 (KLR)

✦ The Applicant’s application is dismissed as he is not an Interested Party to the suit.

Michael E.G. Muhindi v John Ngure Murekio (Environment and Land Miscellaneous Application 10 of 2015) [2015] KEELC 529 (KLR) (21 April 2015) (Ruling)

✦ The delay is not in-ordinate and the applicant has shown good and sufficient cause for not filing the appeal in time.

Clement Kipchirchir & 38 others v Principal Secretary Ministry of Lands Housing and Urban Development& 3 others [2015] KEELC 692 (KLR)

✦ The petitioners have not demonstrated valid titles, were not evicted in an inhumane manner, and the compensation amount is not unjustifiable.

Peter Mungai Ngengi v Mama Ngina Kenyatta & another [2015] KEELC 766 (KLR)

✦ The petition is struck out as the claim is statute barred.

Epuyo Lowoton v Natipo Lochampa [2015] KEELC 549 (KLR)

✦ The ex-parte judgement is set aside, and the defendant is granted unconditional leave to file his defence within 14 days from the date of the order.

Kidheka Amutisya Ngata v Emmanuel Ngade Nyoka & 4 others [2015] KEELC 550 (KLR)

✦ The judgment is rectified to read that the Register in regard to Kilifi/Kijipwa/173 be rectified by cancellation of Title Kilifi/Kijipwa/1333, Kilifi/Kijipwa/1334 and Kilifi/Kijipwa 1335 and parcel number 173 be restored in the name of Kidheka Mutsya Ngate.

Mohammed Juma Mohamed & another v Registrar of Titles, Coast Region Kilifi & 2 others [2015] KEELC 544 (KLR)

✦ Petitioners' application is dismissed with no orders

Kahindi Katana Chengo & 19 others v Hafsa Omar Mzee Haji & 3 others [2015] KEELC 546 (KLR)

✦ The Plaintiffs have not proved on a balance of probabilities the required elements for adverse possession.

Michael Njoroge Mugo v Laikipia University Council, Francis K Lelo & Attorney Genera (Cause 38 of 2015) [2015] KEELC 511 (KLR) (17 April 2015) (Ruling)

Bubaki Investment Company Ltd v National Land Commission & 2 others [2015] KEELC 757 (KLR)

✦ Petitioner failed to comply with the terms of the allotment and lacks a cause of action.

Abdulrazak Abdulrahman Adam v Aslam Abdulreihman Adam & 3 others [2015] KEELC 532 (KLR)

✦ The motion is allowed, and the orders of the court dismissing the plaintiff's suit are set aside. The cost of the motion is awarded to the defendants.

Kenyariri & Associate Advocates v Salama Beach Hotel & 4 others [2015] KEELC 548 (KLR)

✦ The court does not have jurisdiction to review the taxing officer's decision or certificate of costs.

Elizabeth Njeri Kamau (Suing As The Personal Representative Of The Estate Of Wainaina Mbuthia Ranji Alias Wainaina Mbuthia Gachoka(Deceased) v Cyrus Joseph Karanja & another [2015] KEELC 504 (KLR)

✦ The registration of Cyrus Joseph Karanja as the proprietor of title number Ndumberi/Ting'ang'a/1938 and all subsequent proprietors thereof be cancelled forthwith, and the registration of the said title shall revert back to Cyrus Joseph Karanja and Elizabeth Njeri Kamau as joint proprietors in equal shares.

Odhore v Longhorn Kenya Limited (Cause 752 of 2013) [2015] KEELC 474 (KLR) (16 April 2015) (Judgment)

Agnes Malala Kusimba Walubengo (Suing on Behalf of Herself and on Behalf of the Estate of ) Antonina Aori Kusimba v Yolanda Sangale & 2 others [2015] KEELC 533 (KLR)

✦ The plaintiff has not proved her case and the suit is dismissed with no order on costs.

Sato Properties Limited v County Government Of Nairobi (Successor In Title To The Defunct) City Council Of Nairobi & 3 others [2015] KEELC 756 (KLR)

✦ The 4th Defendant’s applications dated 15th May 2014 and 18th August 2014 lack any merit and are dismissed with costs to the plaintiff.

Nanak Hospital Management Services Limited v Kenneth K. Mwangi & 5 others [2015] KEELC 769 (KLR)

✦ The Court ordered the suit to be stayed pending the hearing and determination of Civil Appeal No. 228 of 2008.

Lazarus Kibui Ndegwa v Labule Okello Lutwa [2015] KEELC 755 (KLR)

✦ The court granted the Plaintiff's application to stay the orders made on 23rd September 2014, granted leave to file a further affidavit, issued fresh directions on the originating summons, and ordered the suit to be heard by viva voce evidence.

Joseph Wathoa Kigwe & another v Kenya National Highways Authority & 4 others [2015] KEELC 527 (KLR)

✦ The court ordered the Chief Executive Officer/Managing Director of Athi Water Services Board and the Chairman, Athi Water Services Board to be detained in prison for a term not exceeding six months for disobeying court orders.

Raphael Orwaru Makori v Nickson Wandabi [2015] KEELC 542 (KLR)

✦ The application is dismissed with costs to the respondent, and the interim injunction granted to the applicant is hereby discharged.