Kenyan case law
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Kasturial Palimal Aggarwal v Christopher Ndiritu Kinyua [2016] KEELC 688 (KLR)
✦ The court found that the decree for eviction was not valid due to an erroneous title deed and that the respondent's title deed was issued erroneously.
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Beja Ngoja Mwero v Nyawa Nyale Nyawa [2016] KEELC 1249 (KLR)
✦ The court dismisses the application, finding it not properly before the court and the orders sought cannot be granted.
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Islam Said Islam & 4 others v Malik Mbashee Mugamba & 2 others [2016] KEELC 714 (KLR)
✦ The court allows the plaintiffs' application for a temporary injunction restraining the defendant from dealing with the land parcels pending the determination of the rightful owner.
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Kahindi Gambo Chinanda v Katana Kalume Mwaringa & another [2016] KEELC 709 (KLR)
✦ The Plaintiff is entitled to enjoy the suit property peacefully and the Defendants are ordered to give vacant possession and pay the Plaintiff's costs.
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Naruti Ole Mepeto v Sinka J. Lenkume [2016] KEELC 281 (KLR)
✦ The court granted leave to the applicant to amend the pleading.
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Edward Makori Oganda & another v Johnson Ayienda alias Orangi & 4 others [2016] KEELC 246 (KLR)
✦ The court orders the maintenance of the status quo and inhibition of any dealings with the disputed land until the suit is heard and determined.
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Michael Lekakeny Ole Kisasy v Jackson Seriani & 3 others [2016] KEELC 277 (KLR)
✦ The court set aside the injunction and granted leave to file a replying affidavit.
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Shamsher Kenya Limited v Fayard Abdulrazak Shikh & 7 others [2016] KEELC 706 (KLR)
✦ The Application is dismissed with costs.
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Said Kosgey Chebii v Paul Kimutai Chemweno & Another [2016] KEELC 681 (KLR)
✦ The court finds the plaintiff has proved his on balance of probabilities and the suit succeeds. The plaintiff is ordered to be refunded the purchase price of Ksh.535,000/= plus costs and interest from the date of filing at court rates.
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Atman Tawa Mutunga Musyoka Suing as Official on Behalf of Likoni Ferry Mulolongo Vendors Self Group v Ministry of Land, Housing & Urban Development & 3 others [2016] KEELC 695 (KLR)
✦ The court finds that the plaintiffs have not proved any of the principles set for granting an injunction, but allows for the extension of interim orders until the court directs and upon the relocation of the plaintiffs to an alternative site.
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Elmelda Kerubo Mecha v Charles Morira Mochera [2016] KEELC 224 (KLR)
✦ The decree issued by the court on 16th December 2015 is set aside pending the hearing and determination of the application to determine who filed the suit and who should pay the costs.
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Naresh Jayantilal Ranpura v Halane Constructions Co. Ltd & another [2016] KEELC 699 (KLR)
✦ The Plaintiff has established a prima facie case with chances of success and the Court allows the Application for Temporary Injunction and Mandatory Injunction.
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John Mwaura Mukura v Josphat Mwai Gacenga [2016] KEELC 716 (KLR)
✦ The Plaintiff's registration of a restriction on the land is the cause of the delay in the finalization of the transaction. The Plaintiff is allowed to proceed with his claim with no orders as to costs.
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Samuel Thuita Kamau v Lydia Wachuka Kibocho & another [2016] KEELC 640 (KLR)
✦ The current suit is res judicata and the application is allowed.
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Beloico Holdings Limited v Gention AG & another [2016] KEELC 710 (KLR)
✦ The Defendants are entitled to costs in the event the Plaintiff did not succeed in its claim or withdrew the claim.
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Peter K. Gitahi & another v Akuisi Farmers Co. Ltd & another [2016] KEELC 657 (KLR)
✦ The court orders the directors of Akuisi Farmers Company Limited to hold a fair and transparent balloting exercise to distribute the land parcels L.R Nos. 8943, 8944 and 9949 to its members.
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Umra Limited t/a Malindi Supermarket v Mohamed Swaleh Hemed [2016] KEELC 708 (KLR)
✦ The court granted the Applicant's application for a stay of distress pending appeal, subject to certain conditions.
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Kavumbi Kitsao Chengo & another v Samuel Charo Mweni (sued in his own capacity and as the legal representative of the estate of the late Karisa Madumbo Mweni & 3 others [2016] KEELC 701 (KLR)
✦ The Application is dismissed with costs.
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Daniel K. Yego & 3 others v Paulina Nekesa Kode [2016] KEELC 656 (KLR)
✦ The suit is dismissed with costs.
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Caneland Limited v Africa Banking Corporation Limited [2016] KEELC 696 (KLR)
✦ The Plaintiff's notice of motion dated 22nd February 2016 is without merit and is hereby dismissed with costs.
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C A O v J O [2016] KEELC 702 (KLR)
✦ The Plaintiff and Defendant are equally entitled to the suit land, which was acquired during the time of their marriage, and the home that they developed on the said land through their joint efforts, now that their marriage has been dissolved.
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Chrisantus Opondo Kasonga v Charles Obila Oturu & another [2016] KEELC 713 (KLR)
✦ The Plaintiff's notice of motion is dismissed with costs to the Defendants.
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Barnabas Kariuki v Nyeri Water & Sewerage Company Limited [2016] KEELC 678 (KLR)
✦ The court grants leave to amend the plaint to include claims for special damages and the current value of the suit property, finding that the delay in bringing the application is not a basis for denying leave to amend and that the amendment does not introduce a new cause of action.
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Nellie Enignus Wamalwa v Rafiki Deposit Taking Micro Finance (K) Limited [2016] KEELC 698 (KLR)
✦ The court finds that the process to realize the charged property and the advertisement for auction were premature due to the lack of proper service of the notice under Section 90 of the Land Act No.6 of 2012. The court stops the process and orders each party to bear their own costs.
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Anthony Ntutu v Saiyalel Ololoso [2016] KEELC 649 (KLR)
✦ The plaintiff's case in the Magistrate's Court is declared to have been filed in abuse of the court process and is ordered struck out with costs.