Kenyan case law
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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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Kipngetich Kalya Kones(Suing as the Administrator of the estate of Kipkalya Kiprono Kones (deceased) v Wilson Kiplangat Kones [2019] KEELC 33 (KLR)
✦ The application is dismissed, and the Status Quo is maintained until the suit is heard and determined.
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Edward Mathu Kamau v Joyce Wambui Mbugua [2019] KEELC 717 (KLR)
✦ The restrictions are unlawful and improper as there is no evidence of fraud or improper dealing. The restrictions should be removed.
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Mary Moraa Maake and Jeremiah Misiani Maake (Suing as the Legal Representatives of the estate of Maake Amenya Misiani Deceased) v Isaiah juma omari & 10 others [2019] KEELC 686 (KLR)
✦ The preliminary objection is not upheld as the defendants have not provided evidence of the sale of the land or the identity of the seller.
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Monica Anyango Aluoch v Lucia Olala & 4 others [2019] KEELC 787 (KLR)
✦ Application dismissed with costs
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Ngoigwa Company Limited v Dorcas Wanjiku Ikinu (Environment & Land Case 36 of 2017) [2019] KEELC 214 (KLR) (15 November 2019) (Judgment)
✦ The court finds that the Defendant's title is impeachable due to fraud, and the court cancels the Defendant's certificate of title and directs the Register to rectify it.
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Peter Muiruri Kigera v John Gitau Gathenya & David Mwaura Gathenya [2019] KEELC 488 (KLR)
✦ The Court held that the Plaintiff's claim is not time barred and that the Defendants were registered as the owners of the suit property to hold it in trust for the Plaintiff.
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Katangi Developers Limited v Attorney General & another [2019] KEELC 777 (KLR)
✦ The court finds the Respondents in contempt of court and orders them to be committed to civil jail for one month or pay a fine of Ksh 200,000.
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Kiraita Abuta v Richard Nyandika Nyangoya [2019] KEELC 733 (KLR)
✦ The court grants a stay of execution pending appeal and the hearing of a formal application for costs.
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Ndolo Sila & 7 others v Lucy Njeri & another [2019] KEELC 718 (KLR)
✦ The Application is allowed as the Applicants can raise the defense of adverse possession in their counterclaim, and the lower court file should be transferred to the Environment and Land Court.
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Penina Monica Mutungi & another v Nicholas Nyamweya Nyariki & 4 others [2019] KEELC 564 (KLR)
✦ The Application is allowed. The suit is reinstated for hearing on merit and the Plaintiffs are to fix the matter for pre-trial directions within 120 days of the date of this Ruling.
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James Njagi Macici v County Government of Kirinyaga [2019] KEELC 339 (KLR)
✦ The court dismissed the plaintiff's claim as he failed to prove his claim on the required standard.
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Edward Kimotho Mbia v Benina Gaciriku Mbia [2019] KEELC 499 (KLR)
✦ The court found that the plaintiff has not established adverse possession over the land parcel No. INOI/KIAGA/356 and dismissed the claim.
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Kamindi Selfridges Supermarkets Limited v Kiambu Muratani Co. Ltd [2019] KEELC 715 (KLR)
✦ The Court dismissed the Plaintiff's claim and the Defendant's counter-claim.
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Julius Mutunga Wambua v Joseph Mutisya Kilundo & 4 others [2019] KEELC 772 (KLR)
✦ The Plaintiff has not satisfied the court that he has a cause of action against the Defendants, and his suit must therefore fail.
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Danson Mutuku Muema & 2 others v Government of Machakos County & 5 others; Martin Kivuva & 2 others (Interested Parties) [2019] KEELC 626 (KLR)
✦ The court dismisses the Plaintiffs' application and orders the Plaintiffs to provide written instructions to their respective advocates and file them within 30 days.
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Christine Andree Joshi & 2 others v Sally Chebwogen Kirui [2019] KEELC 829 (KLR)
✦ The defendant's counter-claim is res judicata and is hereby dismissed with costs.
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Pauline Gathoni Wabi v Ngoiri Muchangiru [2019] KEELC 722 (KLR)
✦ The court finds that the Defendant has no right over the suit property and is unlawfully in occupation, thus the Defendant is evicted.
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Baron Mathenge Munyoki v Dedan Mbangula Kithusi [2019] KEELC 563 (KLR)
✦ The Appellant's Application for stay of execution of the decree is dismissed with costs.
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Reuben Kavithi Kyungu (Suing as the Administrator of the Estate of Daniel Kyungu Muasya) v Phillip Kivuva Nzioka [2019] KEELC 726 (KLR)
✦ The court allows the Application dated 2nd July, 2019 as prayed, setting aside the proceedings of 28th September, 2018 and reinstating the Plaintiff's case for hearing.
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Odoyo Thaddeus Odoyo v Henry Oyango Ojwang [2019] KEELC 691 (KLR)
✦ The court finds in favor of the plaintiff and orders him to be restored to the original state of the land within six months, with eviction if not complied with.
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Nicholas Njuguna Karanja( As a member of and in the interest of a group of persons gong by the name Creyentes Praise Centre formerly Believers Praise And Worship Centre) v Fredrick Ngugi Mwangi & 3 others [2019] KEELC 518 (KLR)
✦ The Court ordered the removal of the previous order and granted a temporary injunction prohibiting the Respondents from detaining the religious group's property.
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Andrew Kiptonui Biegon & another v Thomsa Kiplangat Chirchir & another [2019] KEELC 839 (KLR)
✦ The application is dismissed with costs to the respondents.
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Republic of Kenya v Land Registrar Thika Registry & another Ex parte Anne Wanjiku Gathumbi; Charles Kimani Kuria (Interested party) [2019] KEELC 621 (KLR)
✦ The court finds the proper way to serve justice is to stay the instant suit pending the hearing and determination of ELC No.784 of 2017 and Petition No.789 of 2017.
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Laban Maina Kamau v Kamau Githinji Kagechu [2019] KEELC 429 (KLR)
✦ The court grants leave to appeal out of time and grants the applicant 14 days to file and serve a Memorandum of Appeal. The court denies the stay of execution of decrees pending appeal.