Kenyan case law

Exquisite Services Limited v Mwashime Alii Mwakuzimu & 4 others [2014] KEELC 477 (KLR)

✦ The court orders that all proceedings be stayed pending arbitration as per Clause 18 of the agreement for sale.

Stephen Kiprotich Saina v Francisco Okutoyi Ayot & another [2014] KEELC 432 (KLR)

✦ The application is allowed and the District Officer is ordered to desist from interfering with the dispute unless both parties are agreeable to his mediation and unless authorized by court.

Stephen Kinyanjui Muoria & 3 others v New Roysambu Housing Company Ltd & 3 others [2014] KEELC 522 (KLR)

✦ The application is dismissed with costs to the plaintiffs, and the suit is directed to be fixed for hearing on a priority basis.

Favale Salvatore & 9 others v Angels Bay Holding Ltd & another [2014] KEELC 442 (KLR)

✦ The Application dated 5th February, 2014 is dismissed with costs as it cannot be allowed as drafted and is bad in law.

Gatarakwa Farmers Company Ltd v Attorney General And 8 Others [2014] KEELC 631 (KLR)

✦ The court upheld the conservatory orders against the respondents pending the hearing of the suit.

Henry Njung’e Kirika & another v Kezia Njango Kirika [2014] KEELC 107 (KLR)

✦ The Plaintiffs' application is competently before the court.

Push Enterprises Limited v Kenya Airports Authority [2014] KEELC 105 (KLR)

✦ The Plaintiff's application is allowed, and the Defendant is restrained from trespassing and interfering with the Plaintiff's property pending the hearing and determination of the suit.

Vros Produce Limited & another v Chief Lands Registrar & 525 others [2014] KEELC 509 (KLR)

Philip K Tanui v Ruth C Chepng’etich & Esther M Wambugu [2014] KEELC 642 (KLR)

✦ The Plaintiff's application is dismissed with costs to the Defendants.

Misheck Kere Kirungo v James Kamau Njoroge [2014] KEELC 387 (KLR)

✦ The Court found that the Plaintiff has established a prima facie case for a temporary injunction but did not find special circumstances for a mandatory injunction.

Lenah Jemeli v Charles Kimurgor Chepkwony [2014] KEELC 253 (KLR)

✦ Plaintiff's case is doubtful, status quo maintained pending hearing

George Kamau Kimani & 4 others v County Government of Trans-Nzoia & another [2014] KEELC 104 (KLR)

✦ The preliminary objection is dismissed with costs to the plaintiffs and the second defendant.

Solomon K. Songok v Susan Jepkosgei [2014] KEELC 73 (KLR)

✦ The court cancels the lease issued to the defendant and directs the County Government of Uasin Gishu to draw a lease in favor of the plaintiff and register it.

Wambua And Maseno Advocates v Afritrack Investments (E.A) Limited [2014] KEELC 146 (KLR)

✦ The application is not properly before the Court and is not competent

Hesbon K. Limisi v Delilah Achieng Mathews & 2 others [2014] KEELC 559 (KLR)

✦ The Plaintiff has not established a prima facie case with a probability of success at the main trial.

Stanley Kiprono Chirchir v Pricilla Sirma & 2 Others [2014] KEELC 428 (KLR)

✦ The court orders the defendants to vacate the suit land forthwith and no later than 14 days of service of the judgment and/or decree. If they fail to vacate, the plaintiff may apply for an eviction order and the defendants shall bear any costs of eviction. The court also issues an order of permanent injunction restraining the defendants from any further interference with the suit land.

Webwaka Trade Ltd v Diamond Trust Bank Ltd [2014] KEELC 418 (KLR)

✦ The Plaintiff's Application for an interim injunction is dismissed.

Ornato Orzazio v Benard Baya Mwaro [2014] KEELC 93 (KLR)

✦ The defendant's application to set aside the dismissal of the counterclaim is allowed, and the defendant is directed to set down the plaintiff's application for hearing and thereafter the counterclaim.

Joel Ndiritu Rukwaro v Simon Mwangi [2014] KEELC 595 (KLR)

✦ The court orders the cancellation of the fraudulent registration of the suit land in the defendant's name and directs the District Land Registrar to register the suit land in the plaintiff's name.

Marigat Group Ranch & 3 others v Joshua Kisenger [2014] KEELC 425 (KLR)

✦ The application for injunction is dismissed. The balance of convenience tilts in favor of the defendant who has been resident on the land and developed structures on it.

Kogo Flats Ltd v Sammy Cherunya [2014] KEELC 510 (KLR)

✦ The application for mandatory orders is dismissed as the court lacks sufficient material to warrant their issuance. The application for interlocutory injunction is allowed.

Muthui Kimotho & 12 Others v Resident Magistrate’s Court At Mwingi & 6 others [2014] KEELC 649 (KLR)

✦ The status quo is maintained pending the hearing and determination of the petition, with the Petitioners not being evicted and the Respondents not interfering with their possession.

Haron Munaku Kingori v Joseph Gichuki [2014] KEELC 59 (KLR)

✦ The plaintiff's suit is misconceived and is hereby dismissed with costs to the defendant

Simon Muriuki Muthike v Wycliffe Ochieng Abok [2014] KEELC 233 (KLR)

✦ The Defendant's Application is dismissed with costs

Lilian M’mbone Ababu v Nairobi Aviation College Ltd & 3 Others [2014] KEELC 349 (KLR)

✦ The application is dismissed with costs to the 1st Defendant.