Kenyan case law
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Republic v Busia Municipality Land Disputes Tribunal & another exparte Absolom Namani Wasike & another [2017] KEELC 870 (KLR)
✦ The application is allowed, and the costs of the application are awarded to the Interested Party.
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Celine George v Jonah Chiroch & another (The Administratrix of the Estate of the Late Ernest Sum) [2017] KEELC 381 (KLR)
✦ The agreement was not legal due to lack of consideration and failure to obtain necessary consents.
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David Wangiki Kahuthia (Suing as the Chairman of Barina Squatters Self Help Group v Simon Ndungu Kuria & 2 others [2017] KEELC 249 (KLR)
✦ The suit is dismissed for want of prosecution
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Samuel Kimunya Gachuhi t/a Sakiga Estate v Nanga Kihoto Farmers Co-operative Society [2017] KEELC 1049 (KLR)
✦ The Court dismisses the application to transfer the case to the Environment and Land Court, as the Plaintiff/Applicant admitted that the subordinate court had no pecuniary jurisdiction to hear the matter.
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Ali Hassan Chisonzo & 3 others v Jane Ciarunji Chesaina & 4 others [2017] KEELC 1011 (KLR)
✦ The plaintiffs' case succeeds, and the court orders the cancellation of the fraudulent registration and the transfer of the land to the plaintiffs.
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Peter Xavier Indindi Ojiambo & 2 others v Attorney General & 2 others [2017] KEELC 985 (KLR)
✦ The court reinstates the suit and orders the defendant to be indemnified through an award of costs assessed at KShs.10,000/= to be paid within 60 days from the date of this Ruling.
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Harp Investco Ltd v National Social Security Fund (NSSF) Board of Trustees, Commissioner For Lands , Registrar of Titles & Kenya National Highways Authority (Environment & Land Case 616 of 2010) [2017] KEELC 956 (KLR) (Environment and Land) (17 November 2017) (Ruling)
✦ The plaintiff's application for summary judgment is dismissed as the 4th defendant has filed a defence and counterclaim.
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James Muchiri Mungai v David Gathogo & another [2017] KEELC 1053 (KLR)
✦ The Court finds that the Plaintiff is the registered proprietor of the land and the Defendants' occupation is illegal. The Plaintiff is entitled to actual possession of the land and general damages.
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Joel Kipkoech Tonui v Bondet Arap Tuikong [2017] KEELC 257 (KLR)
✦ The Plaintiff has largely proved his case on a balance of probabilities.
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Charles Ndigiti Makori Atandi v Martha Moraa Achoki & another [2017] KEELC 193 (KLR)
✦ The court adopts the land registrar's report and dismisses the plaintiff's suit with costs to the defendants.
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Patrick J. N. Wamae & another v Serah Wanjiku Kariuki [2017] KEELC 1033 (KLR)
✦ The Plaintiffs/Applicants' Notice of Motion application is allowed with costs to the Plaintiffs/Applicants.
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Joyce Wangechi Kiboi v Jecinta Muthoni Mburu & another [2017] KEELC 793 (KLR)
✦ The plaintiff's claim is dismissed, and the defendants are entitled to the reliefs in their counter-claim.
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Kabogo Tharau v Joash Omwenga & another [2017] KEELC 779 (KLR)
✦ The Plaintiff, George Ngure Kabogo, is the rightful owner of plots E.249B and E.250B. The 1st Defendant is ordered to vacate the plots within 90 days.
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Coast Water Services Board v Kenya Railways Corporation & 2 others [2017] KEELC 376 (KLR)
✦ The Court finds no merit in the preliminary objections raised by the 1st and 2nd Respondents and proceeds to dismiss the same with costs to the Petitioner.
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Itumu Mbutei v Njeru Ireri & another [2017] KEELC 914 (KLR)
✦ The court grants leave to amend pleadings and orders the suit to be heard de novo.
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Naphtali Ngalwa Bulimu v Elijah Kihinji Ng’alwa [2017] KEELC 832 (KLR)
✦ The court orders that all transactions registered on Land Parcel No. KAKAMEGA/BUGINA/232 at the Land Registry be cancelled and the title reverts and or registered in the plaintiff’s name.
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Kusi Mukami Kimani v Mercy Syong’ombe Kitheka [2017] KEELC 935 (KLR)
✦ The court declared that the plaintiff is entitled to exclusive possession and occupation of the suit property and ordered the defendant to vacate the property.
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Michael Okumaruti Otabakwa v Boniface Wechuli Ateya [2017] KEELC 712 (KLR)
✦ The court grants an injunction to prevent the defendant from entering, trespassing on, occupying, utilizing, developing, alienating, subdividing, and dealing with the plaintiff's land.
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NDEFFO Co. Ltd v James Kamau Kinyanjui & 148 others [2017] KEELC 258 (KLR)
✦ The application is allowed, and the defendants are ordered not to enter into any dealings with the properties until the case is heard and determined.
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Alice Chemutai Konini v Regina Chelangat Konini [2017] KEELC 367 (KLR)
✦ An injunction is issued restraining the defendant from interfering with the plaintiff's use of the land.
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Rose Muhenge Kalevera v Patrick Seven Savatia & 3 others [2017] KEELC 818 (KLR)
✦ The plaintiff lacks legal capacity and locus standi to bring the suit, and the suit is struck out with no orders as to costs.
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Marion Kaari Mbui v Elisha Mbogo Nthiga [2017] KEELC 868 (KLR)
✦ The court finds no merit in the Defendant's preliminary objections and dismisses them with costs to the Plaintiff.
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Charles Kamatu Kabutha v Mugendi Njeru Njarire [2017] KEELC 886 (KLR)
✦ The court grants the Plaintiff's application for an interlocutory injunction to restrain the Defendant from further trespass or waste of the property.
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Alexander Lwenyi v Mena Amatysa Ngoisi & Moris Abung’ana Luseka (Environment & Land Case 204 of 2014) [2017] KEELC 732 (KLR) (16 November 2017) (Ruling)
✦ The court grants the injunction, allowing Alexander Lwenyi to be an interested party in the proceedings and orders that the costs of the application be in the cause.
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Amos Shikomera Ndakwa v Samuel Odhiambo Lumbasi [2017] KEELC 357 (KLR)
✦ The court grants an order of temporary injunction pending the final determination of the main suit, restraining Lumbasi from trespassing onto the land. Costs are awarded to Ndakwa.