Kenyan case law
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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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Chairman - St. Patricks Ebubere Primary School & 4 others v Isaya Musungu Nambikhwa [2017] KEELC 807 (KLR)
✦ The application is allowed and the court grants the orders as stated.
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Equilab Technologies Limited v County Secretary Nairobi City County & 2 others [2017] KEELC 591 (KLR)
✦ The applicant’s intended motion is not frivolous, vexatious, or hopeless. The applicant has made out an arguable case. Leave to proceed with the mandamus application is granted.
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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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Mwikali Mutinda Wambua v Counry Surveyor-Kilifi County & 4 others [2017] KEELC 822 (KLR)
✦ The application is dismissed. The Petitioner's rights are not infringed upon by the sub-division of the disputed parcel of land.
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Dysara Investments Limited & 6 others v Woburn Estate Limited & another [2017] KEELC 915 (KLR)
✦ The court dismissed the Defendants' Notice of Preliminary Objection, upholding the Plaintiffs' claim.
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Taib Ali Taib v Ahmed Faud Amir & 6 others [2017] KEELC 908 (KLR)
✦ The Application is dismissed as the 3rd Defendant was properly served and had an opportunity to defend the case.
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Samson Kombo & 8 others v Julius Daraka Mbuzi & another [2017] KEELC 1010 (KLR)
✦ The application is dismissed with no Order as to costs.
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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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Charity Njanja Mwaniki (Suing on her behalf and 8 other siblings) v James Mwaniki Gaturu & another [2017] KEELC 119 (KLR)
✦ The present suit is res judicata and an abuse of the court process, and is therefore struck out and/or dismissed with costs to the 2nd Defendant.
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Parsaloi Ole Meikoki & others v Commissioner of Lands & 9 others [2017] KEELC 900 (KLR)
✦ The Court denied the application to vacate/set aside the orders granting a restriction/caution on the 7th Interested Party's land.
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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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Charo Lewa & 3 others v Mohamed Omar Bawaly & 3 others [2017] KEELC 968 (KLR)
✦ The application to strike out the suit is dismissed with costs to the plaintiffs.
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Leonard Ouma Mrongo v Monica Akinyi Misangya & 3 others [2017] KEELC 3853 (KLR)
✦ The court finds the consent order in line with Article 159(2)(b) and (c) of the Constitution of Kenya 2010 and adopts it as a final judgment.
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Miriam Susan Cherotich Boskwony (suing as the Administrator of the Estate of Charles Boskwony) v Philip Kipkoech Biwott & 5 others [2017] KEELC 251 (KLR)
✦ The application for leave to amend the plaint is allowed
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Doricas K. Kivati v Oliver I. Amunga & 2 others [2017] KEELC 843 (KLR)
✦ The court dismisses the plaintiff's case as she failed to prove her case on a balance of probabilities that the defendants' title was obtained by fraud or misrepresentation or through a corrupt scheme.
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Mohamed Hussein, Halima Mohamed & another (suing as the administrators of the estate of Amina Mohamed v County Government of Narok [2017] KEELC 1134 (KLR)
✦ The application is dismissed with no orders as to costs, as the decree was not issued by this court and the applicants have not complied with the provisions of order 22 Rule (6) of the Civil Procedure Rules.
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Kombo Ng’ombe Kombo & 2 others v Anold Tsama Mwandondo & 9 others [2017] KEELC 981 (KLR)
✦ The defendants are not in contempt of court as they were not served with the court orders.
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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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Fazal v Horus Limited & 6 others (Environment & Land Case 220 of 2013) [2017] KEELC 3872 (KLR) (15 November 2017) (Ruling)
✦ The court dismissed the 1st Defendant's application to review and set aside the orders granted, and the case was remitted to the Honorable Justice Angote in Machakos for further directions.
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Nicholas Owino Rajula & another v Tourism Finance Cooperation [2017] KEELC 724 (KLR)
✦ The court has jurisdiction to hear and determine the suit.
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Mohamhed Shaahid Moughal v Malindi District Land Adjudication Officer & 2 others [2017] KEELC 338 (KLR)
✦ Petitioner's Application is allowed, and the Interested Party's Application is dismissed.
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Adriana Kaumi Mwarabu & another v Pastor Dennis Mwenda [2017] KEELC 577 (KLR)
✦ Defendant's attempt to introduce midstream photographs is rejected as it violates the principle of a fair hearing.
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James Odongo Sunga v Gilbert Apiyo Orengo [2017] KEELC 859 (KLR)
✦ The court determined that the Plaintiff has not shown any legal interest in the land parcel Kisumu/Korando/4610 and therefore, the two suits should not be consolidated.
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Nicholus Munene Murithi v Lydia Kageni Njoka & another [2017] KEELC 1048 (KLR)
✦ The suit is hereby settled and finally determined. The inhibition placed against land parcel NO. KARINGANI/MUGIRIRWA/2158 is lifted and removed.