Kenyan case law
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Joseph Kingsley Karuri Maina v Housing Finance Company of Kenya & another [2015] KEELC 569 (KLR)
✦ The court grants a stay of execution and an order for temporary injunction, but requires the plaintiff to provide security for costs within 30 days.
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Musa Kimengich Kimuge v Beth Wangari Njoroge [2015] KEELC 593 (KLR)
✦ The appeal is dismissed with costs.
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Nancy Wamaitha Muriithi & another v Loise Wanjiru [2015] KEELC 598 (KLR)
✦ The plaintiffs lacked locus standi when they filed the suit, and the trial magistrate was correct in dismissing the application for injunction.
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Paul Otieno Mungla v Railway Housing Co-op. Society Limited [2015] KEELC 577 (KLR)
✦ The court ruled that the Plaintiff had not met the requirements for committal of the 2nd Defendant to civil jail as provided in Mutitika vs Baharini Farm Ltd (1985) KLR 229, as he had not demonstrated that the 2nd Defendant had deliberately disobeyed the orders of the Court.
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Samwel Mukabanae Shioso v Hare Lwambi & another [2015] KEELC 617 (KLR)
✦ The court dismissed the motion for contempt of court as the plaintiff failed to prove that the defendants are dealing with the plaintiff's land and did not meet the standard of proof required for contempt proceedings.
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Phoebe Njoki Githae v Francis Owino Rao & 2 other [2015] KEELC 565 (KLR)
✦ The Plaintiff's application for an interim injunction is not merited, and the interim injunction is hereby discharged.
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Philomena Ndanga Karaja & 2 others v Edward Kamau Maina [2015] KEELC 562 (KLR)
✦ The suit is struck out and the costs are to be borne by the 1st Plaintiff personally.
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John Karanja Muchoki v Paul Njuguna Muchoki [2015] KEELC 745 (KLR)
✦ The appeal is dismissed with costs to the respondent.
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Parmuat Oloishorua Kore v Philip Santamo Wauntai & 7 others [2015] KEELC 738 (KLR)
✦ The court finds that none of the parties have established a prima facie case regarding the access road and directs the parties to maintain the status quo until the dispute is decided on trial.
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Comfort Garden Ltd v Gladhome (1977) Ltd & another [2015] KEELC 734 (KLR)
✦ The plaintiff's amended plaint was not filed within the required time frame, and the defendant is entitled to costs.
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Dedan Karuga Gichinga v Titus Gethi Ndegwa & another [2015] KEELC 566 (KLR)
✦ The court grants leave to amend the Defence to introduce a counterclaim.
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Paul Nduati Mwangi v Stephen Ngotho Mwangi & 9 Others [2015] KEELC 735 (KLR)
✦ The court orders the defendants to restrain from transferring, charging, or interfering with the ownership of the suit property.
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Alice Jepkoech Yano & 2 others v Samson Kiprop & 6 others [2015] KEELC 383 (KLR)
✦ Judgment entered for the plaintiffs against the defendants
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Paul Kiptenai K. Birech v Nandiko Lukhumbea & another [2015] KEELC 377 (KLR)
✦ The plaintiff has not acquired title by adverse possession and the defendants' titles have not been extinguished.
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Robert Gitau Kimani v Peter Kimani Ngera & 2 others [2015] KEELC 556 (KLR)
✦ The trial magistrate had jurisdiction to entertain the application dated 13th May, 2002, and the decree and orders are not amenable to review, varying and/or setting aside.
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Kamau James Njendu v Serah Wanjiru Mburu Registrar of Titles Nyandarua [2015] KEELC 590 (KLR)
✦ An injunction is granted to restrain the defendant from interfering with the plaintiff's possession of the land.
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Anne Barongo v Awliyo Abdi Ahmed & 2 others [2015] KEELC 572 (KLR)
✦ The 1st Defendant is found culpable for contempt of court and the Plaintiff is granted the remedies sought.
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Kiptabut Arap Boen v Benjamin K Chemogos [2015] KEELC 381 (KLR)
✦ The court found that there was inordinate delay in prosecuting the case, which demonstrated the plaintiff's loss of interest in the case. The court dismissed the plaintiff's application due to the inordinate delay.
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Mnang'at Stephen Pamba & Salome Chepkemei Losiangole v James Mariach Kokita & Veronica C. Akokor (Environment & Land Case 18 of 2014) [2015] KEELC 632 (KLR) (5 March 2015) (Ruling)
✦ The application for stay of execution is denied
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Comp West Limited v Francis Katei Rapaine & another [2015] KEELC 733 (KLR)
✦ The Plaintiff is deserving of the prayers sought and the application for a negative injunction is allowed.
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Marsella Jebitok Ruto v Mary Chepkurgat Baraiywo [2015] KEELC 380 (KLR)
✦ The court finds doubt as to whether the plaintiff has established a prima facie case with a likelihood of success and concludes that the application should be decided on balance of convenience, which tilts towards restraining both parties from dealing with the land until the hearing and determination of the suit.
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Abdirashid Abdullali Hussein v Salesion N Kamwara & 2 others [2015] KEELC 526 (KLR)
✦ The court granted the injunction restraining the 2nd Defendant from trespassing and construction activities on the plot.
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Salamat Bibi Sheikh v Rehmat Ali & 4 others [2015] KEELC 723 (KLR)
✦ The Plaintiff has failed to prove she is entitled to the suit property under the doctrine of adverse possession, and the suit is hereby dismissed with no order as to costs.
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Joyce Wambui Mbau v Attorney General & 2 others [2015] KEELC 567 (KLR)
✦ The court grants an interlocutory order restraining the Defendants from interfering with the suit property pending the hearing and determination of the application.
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Delano A. Odongo Othieno v Muchai & Partners & another [2015] KEELC 730 (KLR)
✦ The Plaintiff/Applicant fails to establish a genuine and arguable case for an interlocutory injunction.