Kenyan case law
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Kipkoech Kigen & another v Winnie S. Kumary & another [2016] KEELC 653 (KLR)
✦ The defendants are not involved in any fraud in the subdivisions of the suitland. The first plaintiff facilitated the subdivision and is the one who retained the original title.
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Eunice Jemtai Komen v Amos Kipchumba Tenai & 3 others [2016] KEELC 680 (KLR)
✦ The application is dismissed with costs.
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Albert Kipruto Metto & another v William Ayabei Chemitei & 4 others [2016] KEELC 677 (KLR)
✦ The plaintiffs' claim is dismissed with costs as they have not established a prima facie case with a probability of success and the balance of convenience does not favor granting the injunction.
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Kahiro Kimani v Commissioner of Prisons & 2 others [2016] KEELC 687 (KLR)
✦ The Plaintiff has not established a prima facie case with chances of success and the Application is dismissed.
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Kipkobel Arap Misoi v Proscila Chepkorir [2016] KEELC 220 (KLR)
✦ The title issued to the plaintiff was irregular and illegal as it was issued without following due process as required by the Land Adjudication Act.
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Rimco Oil Company Limited v Jinat Investment Company Limited & another [2016] KEELC 218 (KLR)
✦ The 2nd defendant's application is dismissed as res judicata and the plaintiff's suit against the 2nd defendant is not liable to be struck out.
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Charo Lewa & 3 Others v Estate Of Mohamed Omar Bawaly & 3 Others [2016] KEELC 652 (KLR)
✦ The status quo should be maintained, and the Plaintiffs are the ones who are utilising the suit property.
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Mariam Hemed Kale v Attorney General & 4 others [2016] KEELC 694 (KLR)
✦ The court finds that the Defendants fraudulently registered plots 576 and 577 in their names.
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Mwalimu Kalume Charo & another v Kifalu Karisa Kitsao [2016] KEELC 692 (KLR)
✦ The Court held that an Originating Summons cannot be used to issue an order for the cancellation of a title deed.
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Kennedy Makwaye Gekonge v Zakkiet Mochoge [2016] KEELC 268 (KLR)
✦ The court set aside the report filed by the land registrar and ordered the land registrar, Kisii County, and the County surveyor to revisit the parcels and fix the boundaries within 90 days.
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African Gas and Oil Company Limited v Attorney General & 3 others [2016] KEELC 684 (KLR)
✦ Conservatory orders granted to restrain Respondents from entering the land pending the main petition
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Lomolo (1962) Ltd v Shadrack Kimse & 147 Others [2016] KEELC 668 (KLR)
✦ The application for eviction is allowed. The plaintiff is at liberty to proceed to evict the defendants. The OCS Menengai Police Station is directed to provide adequate security for the court broker/auctioneer.
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African Gas and Oil Company Limited v Attorney General & 3 others [2016] KEELC 697 (KLR)
✦ The court grants the conservatory order pending hearing and determination of the Petitioner's application.
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Kibwalei Chemjor v Rotich Chemjor & 4 others [2016] KEELC 643 (KLR)
✦ The plaintiff's claim is dismissed as the oral contract is not enforceable, there is no evidence of fraud, and the plaintiff's case is outside the prescribed limitation period.
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Republic v Chief Magistrate Court of Nakuru & another Ex-parte Charles Njihia Nganga [2016] KEELC 654 (KLR)
✦ The proceedings are declared null and void as the Magistrate did not have jurisdiction
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Lucy Njeri Nduati v Stephen Ngugi Kihara & another [2016] KEELC 660 (KLR)
✦ The court allows the plaintiff's application for an injunction, restraining the defendants from selling, subdividing, or interfering with the suit property.
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Komo Chege & 6 Others v Joseph Wanjiku Mwangi & 15 Others [2016] KEELC 665 (KLR)
✦ The application is allowed and the defendants are granted an extension of time to deposit the security in a joint account or in court by the close of business on 22 July 2015. The applicants will shoulder the costs of the application.
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Julius Kiambi M'Ikiara v M'Ikiara Gaitirithia & 3 others [2016] KEELC 1262 (KLR)
✦ The Plaintiff's application for a temporary injunction was granted, and the 2nd, 3rd, and 4th Defendants' application for a temporary injunction was granted with the caveat that it should not be used to deny any of the parties access to portions of land they are in occupation thereof.
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Daniel Githiora Gathua & another v Joe Karanja Njoroge & 3 others [2016] KEELC 691 (KLR)
✦ The suit is struck out as the 2nd plaintiff was dissolved and ceased to be a body corporate as of the date of the liquidation order. The 1st plaintiff does not have locus standi to proceed with the suit.
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Tery Crane & another v Peter Wanjohi Kamau & another [2016] KEELC 669 (KLR)
✦ The Court of Appeal's decision is upheld
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Esta Kuto v M. Oriental Bank Ltd & 2 others [2016] KEELC 675 (KLR)
✦ The court orders that the status quo be maintained in the sense that the 1st Defendant not to exercise its statutory power of sale pending the hearing and determination of this suit.
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Eddah Wanjiru Mburu v Tayari Farmers Co. Ltd & another [2016] KEELC 663 (KLR)
✦ The application to stay the separate suit is dismissed as the plaintiff has not demonstrated that the subject matter is the same and the issues are related.
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Elisha Kare Busienei & 3 others v Japhet Kipyego Chepkwony (suing as the Administrator of the estate of Elizabeth J Sirma) & 2 others [2016] KEELC 651 (KLR)
✦ The court finds that the land was to be shared equally among the partners, and that the defendants are not entitled to retain the disputed plots.
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Rose Gutamo Njeru v Sora Guyo Ruricha & another [2016] KEELC 1263 (KLR)
✦ The application is granted, and Civil suit No 6 of 2015 in the Principal Magistrate's Court at Marsabit is transferred to this Court for hearing and determination.
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Jacob Mantili Kang'ang'a v District Land Adjudication & Settlement Officer Igembe District & another [2016] KEELC 1265 (KLR)
✦ The application is heard and settled pending the hearing and determination of the Petition.