Kenyan case law
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Evanson Jidraph Kamau Waitiki v Kenya Power & Lighting Company Ltd [2016] KEELC 711 (KLR)
✦ The plaintiff's claim cannot be sustained against the defendant due to the settlement agreement with the Government of Kenya, which regularised the previous trespass actions.
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William Gathecha Nguyo v Mwangi Kihara & Monica Wairuri Mwangi (Environment & Land Case 317 of 2012) [2016] KEELC 650 (KLR) (13 July 2016) (Judgment)
✦ The plaintiff's suit is dismissed with costs as there is no evidence that the defendants are in possession of the suit property.
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Mathingira Wholesalers Company Ltd v Kimwatu Kanyungu & 5 others [2016] KEELC 558 (KLR)
✦ The plaintiff's case is allowed, and the issues raised in the amendments are considered.
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Rosemary Wangari & 2 others v Lucy Wanjiru Muturi [2016] KEELC 667 (KLR)
✦ The application for interlocutory injunction is allowed.
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Fredrick Wachira Ndegwa subst. (Deceased) Ndegwa Wachira) v District Land Registrar, Nyeri & another [2016] KEELC 568 (KLR)
✦ The court finds the current suit to be res judicata and dismisses the suit with costs.
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Monical Mbera Achuti v Zablon Achuti & 2 others [2016] KEELC 661 (KLR)
✦ The court allows the application for an injunction, ordering the defendants to stay away from the suit properties until the conclusion of the suit.
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Muriithi v Ngari & another (Environment & Land Case 135 of 2014) [2016] KEELC 1311 (KLR) (12 July 2016) (Judgment)
✦ The court holds that the plaintiff did not produce any evidence to show that he bought the land or obtained the consent of the defendants' father or family members to transfer. Therefore, the title held by the plaintiff is said to have been eected by fraud.
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Peterson Maina Magana v Macharia Magana [2016] KEELC 693 (KLR)
✦ The court held that the defendant does not hold half share of the suit property in trust for the plaintiff and himself.
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Peter Vidija Serete & 2 others v Charles Owiti Mudunyi & 2 others [2016] KEELC 618 (KLR)
✦ The Applicants have not made out a case for grant of injunction.
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Kamau Gikundi v Tabitha Wambui Gichura [2016] KEELC 611 (KLR)
✦ The court finds that there was no service of summons to enter appearance or hearing notice, resulting in the ex-parte hearing.
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Michael Odera Otom (Suing as the Administrator of the Estate of Thomas Otom Ogullo v Commissioner for Lands & 2 other [2016] KEELC 703 (KLR)
✦ The application is allowed, and a temporary injunction is issued restraining the Plaintiff from carrying out any new structural development and continuing with any structural construction on the specified land.
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Meso Multri-Purpose Society Ltd v Luore Nyairo Company Ltd & another [2016] KEELC 642 (KLR)
✦ The court orders of 13/1/2010 are still valid and ought to be respected. The police should assist in effecting the said orders. The Plaintiff's application is allowed with costs.
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Ashish Mansukhal Majithia & 2 others v Oscar Mumo Nzanah [2016] KEELC 736 (KLR)
✦ The Court allows the application for an injunction restraining the defendant from carrying out any construction on the suit premises pending the hearing and determination of the suit.
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Samuel Kamau Macharia v Ali Khan Muses Estate Sonrisa Limited (Wrongly Sued As Estate Of Sonrisa Limited) & another [2016] KEELC 730 (KLR)
✦ The Court can adjudicate on the matter due to the pending appeal. The orders sought can be granted.
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John Kisese Nthenge v Toeda Mwasaru & 15 others [2016] KEELC 44 (KLR)
✦ The Court dismissed the Plaintiff's application to strike out the Defendants' Defence and Counterclaim, directing the Defendants to serve the Defence and Counterclaim within 7 days and file an affidavit of service.
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Amos Onyango Odongo v Maurice Were Ojowi & 3 others [2016] KEELC 282 (KLR)
✦ The court finds that the 1st defendant fraudulently caused the land parcel to be subdivided and transferred, impersonating his deceased father.
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Nita Subhash Ganatra v Subhash Chhhotalal Ganatra [2016] KEELC 507 (KLR)
✦ The court dismissed the applicant's application, finding it an abuse of the court process and intended to delay the hearing of the case.
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Patrick Kamotho Githinji & 4 others (suing for and on behalf of aggrieved residents of Muthurwa Estate within Nairobi County) v Resjos Enterprises Ltd & 4 others [2016] KEELC 503 (KLR)
✦ Petitioners' application has merit and is allowed
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Richard Ngatia Waweru v Arlvind Vohora [2016] KEELC 1255 (KLR)
✦ The Application is dismissed with costs to the Plaintiff/Respondent.
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Del Monte Kenya Limited v Goshen Gardens Limited & another [2016] KEELC 488 (KLR)
✦ The Plaintiff's application to join the 2nd Defendant's parents and teachers association as defendants in the suit is dismissed with costs to the Plaintiff.
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Madeteni Ltd v Attorney General (sued on behalf of the Government of Kenya, the Commissioner of Lands and the Kilifi District Land Registrar) & 2 others [2016] KEELC 768 (KLR)
✦ The Court found in favor of the Plaintiff, declaring that the Plaintiff is the bona fide proprietor of the land.
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Peter Gachiri Murigi v Said Athamn Mzee & 3 others [2016] KEELC 776 (KLR)
✦ The Application is dismissed with costs as the Interested Party was served with the Application and did not respond to the legal issues raised.
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Justus Cheruiyot Kirui v Hillary Kiplangat Langat, Simion Kimibei A Bii & Paul Kipronoh Bii [2016] KEELC 662 (KLR)
✦ The plaintiff's case is dismissed with costs to the 2nd and 3rd defendants.
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Lesh La Investments Limited v Halima Hassn & 106 others [2016] KEELC 775 (KLR)
✦ The Plaintiff is the registered proprietor of L.R. No. MN/V/1722 and is entitled to an order of vacant possession and demolition of structures on the land.
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Kaingu Kalume Mwanongo v Boniface Wanje Kenga & another [2016] KEELC 767 (KLR)
✦ The Application is struck out with costs.