Kenyan case law
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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.
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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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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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Charles Ratemo Nyambati (Suing as the legal representative of the estate of Samson Nyambati Nyamwenya) v Jackton Ocharo & 7 others [2017] KEELC 237 (KLR)
✦ The application is allowed, and the plaintiff is enjoined from the current registered proprietors from dealing with the suit property until the case is determined.
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Njenga Kimani & 2 others v Kimani Nganga K. Wainaina [2017] KEELC 209 (KLR)
✦ The court dismissed the suit with costs, finding that the plaintiffs failed to prove either the trust or adverse possession claim.
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Bernard Onkundi Otundo & 5 others v Creek Marketing and Development Limited [2017] KEELC 256 (KLR)
✦ The application is granted, and Mombasa ELC No. 14 of 2013 is designated as the lead file for the hearing.
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Paul Kibet Koech v David Kiprono Koske [2017] KEELC 93 (KLR)
✦ The court finds it just and equitable to order that the status quo be maintained pending the hearing and determination of the suit.
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Paul Mwangi Gachuru v Kamande Nguku [2017] KEELC 374 (KLR)
✦ The court finds in favor of the plaintiff, declaring him entitled to the 1 acre of land.
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Joseph Ndungu Kamau v John Njihia [2017] KEELC 802 (KLR)
✦ The plaintiff's case is reopened but limited to production of the final order or judgment of the court together with the final certificate of confirmation of grant (or certified copies thereof) in Eldoret High Court Succession Cause Number 39 of 1988 The estate of Maria Nyambura Ndungu.
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Emma Wanjiku (Attorney for Roselyne Mary Njeri and Gerald Njoroge Mbugua) v Mary Kwamboka [2017] KEELC 727 (KLR)
✦ The plaintiffs are entitled only to 4 acres while the defendant is entitled to 1 acre.
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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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Donald Mwachof v Ruth Sambo Shuma [2017] KEELC 79 (KLR)
✦ The application is dismissed with costs as no satisfactory explanation was given for the delay and the notice of motion has no merit.
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Amos Shikomera Ndakwa v Samuel Odhiambo Lumbasi [2017] KEELC 752 (KLR)
✦ The court grants an order of temporary injunction restraining the defendant from trespassing onto the land and from interfering with the plaintiff's use and peaceful enjoyment of the land.
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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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Rene Schiller v Charles Wabuko & 2 others [2017] KEELC 1039 (KLR)
✦ The application is dismissed as the Plaintiff has not demonstrated a real threat and has not made a report to the Police.
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Amina Mbarak & 4 others v Rasto Gwiyo Mikaya & another [2017] KEELC 940 (KLR)
✦ The Court orders the cancellation of the registration of the 1st and 2nd Defendants as the owners of Title No. Kilifi/Mtondia/903 and Kilifi/Mtondia/904 and registers the 1st Defendant as the owner of the Title No. Kilifi/Mtondia/77.
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Naomi Wangechi Munene v Veronica Wanjiru [2017] KEELC 96 (KLR)
✦ The Appeal succeeds in its entirety and the Defendant, her agents, servants, employees and/or anyone claiming under her vacate the suit premises immediately.
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Florence Gacheri Mbaabu & another v Lydia Mwithiabi M’Munyua & 4 others [2017] KEELC 945 (KLR)
✦ The Preliminary Objection is dismissed.
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Ahmed Sheikh Amin Msellem v Kenya Power & Lighting Company [2017] KEELC 919 (KLR)
✦ The Defendant’s Application is allowed, and Rural Electrification Authority is joined as a Defendant in the suit.
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Barbara Mugaki (Suing as the Administrator of the Estate of Pity Wangari Mugaki) v Judson Maranga Nyambane & another [2017] KEELC 368 (KLR)
✦ The applicant's application has merit and is allowed in terms of prayers Four (4), Five (5) and Eight(8).
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M’riria M’muranga v Land Adjudication Officer Imenti South District & 4 others [2017] KEELC 993 (KLR)
✦ The decision of the respondent is not wanting for lack of a committee. The rules of natural justice were not violated.
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James Kariuki v Great Achiever Investment Group Ltd [2017] KEELC 861 (KLR)
✦ The application is allowed with no orders as to costs.
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Alex Nzai Dzombo v Kadzo Charo [2017] KEELC 946 (KLR)
✦ The Plaintiff is hereby declared to be the legal/beneficial owner of 6 acres of land which is comprised in Plot No. Tezo/Roka/[particulars withheld] having acquired the same for valuable consideration. The Defendants or their assignees, agents, and/or servants or any other person claiming under them is hereby permanently restrained from interfering with the Plaintiff’s enjoyment and quiet possession of the said 6 acres of land forming part of Plot No. Tezo/Roka/[particulars withheld].
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Gilbert Kathenya Mukungi v Mwiandi Kaimbiru & Evangeline Kanyua Mwiandi (Environment & Land Case 89 of 2017) [2017] KEELC 1043 (KLR) (15 November 2017) (Ruling)
✦ The suit is revived against the deceased's legal representative.
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Rosemary Tsuma v Livingstone Betty Mukabana [2017] KEELC 829 (KLR)
✦ The proceedings and decision of the Lurambi Land Disputes Tribunal fell outside its jurisdiction and violated the Land Disputes Tribunal Act and the Law of Succession Act.