Kenyan case law

Paola Tarlazzi (suing through his Attorney and or Agent & another v Roberto Ciavolella [2016] KEELC 764 (KLR)

✦ The Defendant's Application dated 31st May, 2016 is dismissed with costs.

Joseph Mosonik & another v Kipkemoi Mosonik [2016] KEELC 672 (KLR)

✦ The plaintiffs' suit is dismissed with costs.

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

Patrick Mono Mbura & another v Chrispus Deche Kaduka & 13 others [2016] KEELC 771 (KLR)

✦ The Judge allows the Defendants' Application with an opportunity to be heard on the Plaintiffs' Application dated 28th September, 2015.

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.

Aggrey Ogutu v Daniel Kamau Mwangi, County Government of Kajiado & another [2016] KEELC 498 (KLR)

✦ The Plaintiff has established a prima case against the 3rd Defendant on the issue of legality of the development on the suit property and stands to suffer irreparable harm if the injunction is not granted.

David Muhika Mutahi v Michael Munaku Muturi [2016] KEELC 1256 (KLR)

✦ Order to maintain status quo until suit heard and determined, and to allocate date for pre-trial conference

Kaingu Kalume Mwanongo v Boniface Wanje Kenga & another [2016] KEELC 767 (KLR)

✦ The Application is struck out with costs.

Michael Kipkosgei Kwambai v Jane Nafula Momanyi & another [2016] KEELC 732 (KLR)

✦ The application for stay of execution of the judgement is dismissed with costs to the first Respondent.

James Ogutu Obiero v Jared Ambrose Odhiambo [2016] KEELC 772 (KLR)

✦ The court dismissed the notice of motion as without merit and vacated the interim orders.

Mohamed Abdalla Mwavumbani & 85 others v Msabweni Development Co. Ltd [2016] KEELC 596 (KLR)

✦ The court dismisses the plaintiffs' amended notice of motion and allows the defendant's application with no costs.

Helekiah Ong'any Masara & another v Elisha Oguya Ogada Alias Oguda Ogad & another [2016] KEELC 720 (KLR)

Peter Oriendo Yoga & another v Habakuk Otieno Nandi [2016] KEELC 722 (KLR)

✦ The court orders the Respondent to be restrained from interfering with the use by the Applicants and evicting the dependents of John Obongo Yonga from the land in their possession, described as Kisumu/Koguta East/834, for the next one year to enable the case be heard and determined.

Benjamin Sengenge v Mary Simotwo [2016] KEELC 739 (KLR)

✦ The court held that the suitland was transferred to the plaintiff as a gift and that he is not holding it in trust for the dependants of the defendant's mother.

Christopher Wafula Mutoro v Richard Lodia Lokere [2016] KEELC 728 (KLR)

✦ The application is dismissed with costs to the respondent, and the stay orders are vacated

John Mose Michira & another v Edwin Kipkemboi Kosgei [2016] KEELC 741 (KLR)

✦ The application for substitution of the applicant succeeds, and the application for dismissal for want of prosecution is dismissed. The applicant is ordered to be substituted in place of the deceased. The applicant's prayer for eviction orders is dismissed.

Mohamed Rafik Ayub v Pentecostal Assemblies of God [2016] KEELC 795 (KLR)

✦ The Plaintiff's Application is dismissed with costs.

Dursoma Investments Limited v Chirunga Bongo Mundalu & 2 others [2016] KEELC 794 (KLR)

✦ The Plaintiff's Application for injunctive orders is dismissed.

Gerald Katana Mwamumba & 3 others v Arm Cement Limited & 9 others [2016] KEELC 792 (KLR)

Commissioner Of Lands & 2 other v Fidelity Export & Import Limited & another Ex-parte Kenya Real Estate Limited [2016] KEELC 793 (KLR)

✦ The Respondents' actions were illegal and ultra vires, and the Applicant's title deed was cancelled without proper reasons and without the Applicant's opportunity to comment.

Republic v Commissioner of Lands & 2 others Ex parte Antiocha Limited & 2 others [2016] KEELC 783 (KLR)

✦ The Respondents' actions in cancelling the Applicant's title were illegal and ultra vires, and the Applicant's title is valid.

Christopher Mwandeje Mwazonga & another v Rea Vipingo Plantation Ltd [2016] KEELC 785 (KLR)

✦ The Plaintiffs are not entitled to the land by adverse possession.

Republic v Commissioner Of Lands & another Ex- Parte Edward Lenjo Musamuli & 6 others [2016] KEELC 592 (KLR)

✦ The application is dismissed as lacking in merit and as being res judicata.

Florence Wairimu Kariuki & 4 others v City Council of Nairobi [2016] KEELC 130 (KLR)

✦ Application to strike out Defence is allowed

Eliakim Jaoko Awiti v Benard Isaboke Mbaka & another [2016] KEELC 737 (KLR)

✦ The court finds that the plaintiff has proved his case on a balance of probabilities and enters judgment in his favor.