Kenyan case law
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Josphat Ng’ang’a Kinyanjui v Raphael Kinyanjui [2015] KEELC 740 (KLR)
✦ The court grants the plaintiff's application for an interlocutory injunction restraining the defendant from interfering with the plaintiff's possession of the land pending the final determination of the suit.
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Koinari Leikari Kanamo v Athi River Mining Limited & another [2015] KEELC 568 (KLR)
✦ The Plaintiff's application is dismissed. The correspondence between the parties did not result in an agreement, and thus remains without prejudice.
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Simon Muteti Mutune v Co-Operative Bank of Kenya limited [2015] KEELC 615 (KLR)
✦ The Plaintiff's amended Application is dismissed with costs.
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Joseph Ngunjiri Gachimu v Josephine Wairimu Kagunda & 2 others [2015] KEELC 728 (KLR)
✦ The Court dismisses the Application, holding that the Plaintiff has not demonstrated a genuine and arguable case or a prima facie case with high chances of success at the main trial.
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Maria Lwande & others v Registered Trustees of Teleposta Pension Scheme [2015] KEELC 752 (KLR)
✦ The application is allowed, and the injunction orders issued on 23rd September 2008 are deemed to have lapsed.
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Embakasi Ranching Company Limited v Peter Ndungu Muhuri & another [2015] KEELC 763 (KLR)
✦ The Defendants have no legal or equitable interest in the property and are restrained from interfering with the suit property or trespassing thereunto.
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Benjamin Kibiwot Chesulut v Mary Chelangat & another [2015] KEELC 589 (KLR)
✦ The court does not order a DNA test
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Wellington Lusweti Baraza & 47 others v Lands Limited & Kibogy Properties Ltd (Environment & Land Case 931 of 2012) [2015] KEELC 384 (KLR) (17 March 2015) (Ruling)
✦ The judgment debtors' application for eviction is dismissed, and the decree holder's application for eviction is allowed. The eviction is to be carried out after 30 days. The costs of both applications are to be borne by the judgment debtor.
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Mary Wanjira [2015] KEELC 573 (KLR)
✦ Application dismissed
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Muthike Mwaniki v Genesio Kubunya Njagi [2015] KEELC 574 (KLR)
✦ The appeal is struck out and the order is vacated.
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Nyeri Teachers Investmetn Company Limted v Solio Ranch Limited & another [2015] KEELC 571 (KLR)
✦ The court did not strike out the plaintiff's suit but ordered the plaintiff to withdraw the offending portions of the plaint by way of amendment.
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Registered Trustee of Maximum Miracle Center v Andrew Mlewa Mkare [2015] KEELC 618 (KLR)
✦ The court finds that the Defendant purchased the suit property using his own funds and leased it to the church.
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Daniel Katumo Nyamai (Suing as the Administrator of the Estate of Onesmus Nyamai Kyengo (Deceased) v Gilbert Kanungu Mwaganda & 6 others [2015] KEELC 622 (KLR)
✦ The status quo should be maintained pending the hearing of the suit, and the Defendants are ordered to continue occupying and utilizing the portions of the suit property they are occupying.
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Nelson Kazungu Chai & 9 others v Pwani University [2015] KEELC 616 (KLR)
✦ The Plaintiffs shall suffer substantial financial loss if the order of stay pending appeal is not granted
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Khimji Bhimji Seyani & 2 others v Attorney General [2015] KEELC 716 (KLR)
✦ The plaintiffs are the lawful owners of the land and are entitled to compensation for the market value of the land.
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Kibwana Ali Karisa & another v Said Hamisi Mohamed & 3 others [2015] KEELC 620 (KLR)
✦ The court held that the Magistrates courts have jurisdiction to determine matters falling within the jurisdiction of the Environment and Land Court Act and their decision will be subject to appeals preferred to the Land and Environment Court.
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Samuel Nyabiba Nyakeri v Peter Okiabera Omwenga [2015] KEELC 387 (KLR)
✦ The exchange agreement is unenforceable and the agreement is a nullity. The plaintiff should be evicted from the Matunda plot and the plot should be transferred to the defendant's name.
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Dorothy Kamaan v Elvis Wachira Maranga [2015] KEELC 515 (KLR)
✦ The court dismissed the application for injunction as neither party had a prima facie case.
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Amos Mpeshe & 3 others v Salau Ole Sokon Modo [2015] KEELC 773 (KLR)
✦ The court dismissed the defendant's preliminary objection and upheld the plaintiffs' claim.
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Ahmed Ibrahim Suleiman & another v Noor Khamis Surur [2015] KEELC 715 (KLR)
✦ The court finds no merit in the defendant's application and grants the plaintiffs' application for an order of eviction and a permanent injunction.
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Kimaiyo Rono v Susan Chelagat [2015] KEELC 612 (KLR)
✦ The plaintiff's suit against the defendant is misconceived and is hereby dismissed with costs to the defendant
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Mohamed Abdalla Dago & 3 others v Abdul Hussein Omari Kilalo alias Kadir Hussein Omari [2015] KEELC 604 (KLR)
✦ The court allows the defendants' motion to be joined as parties, but with a condition that they deposit KShs. 100,000 as security for costs in favor of the plaintiffs.
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Alexander Sabila Chebelyo & another v Oriental Commercial Bank Ltd & another [2015] KEELC 634 (KLR)
✦ The current suit is res judicata and the same as well as the application filed in it are hereby struck out with costs to the defendants.
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Njagi v Gitau (Environment and Land Case 480 of 2014) [2015] KEELC 849 (KLR) (11 March 2015) (Ruling)
✦ The plaintiff has failed to demonstrate a prima facie case with a probability of success and the application is dismissed with costs.
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Rosebella Jeptoo Murei & Another v Dorcas Chemwetich Surtan & 7 Others [2015] KEELC 608 (KLR)
✦ Mr Ngigi is entitled to be heard on the application dated 19/11/2014. The plaintiffs are not allowed to withdraw the suit against the 1st, 2nd, 3rd, 4th and 8th defendants. The plaintiffs' oral application for amendment is declined.