Kenyan case law
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Rachel Chepkosgei Misoi & another v Loftin Kinyua Mwirichia [2015] KEELC 739 (KLR)
✦ Order of status quo maintained, no development or demolition of fence or structure is allowed, and Plaintiffs are restrained from charging, disposing off or alienating the property pending the suit.
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Joseph Mutisya Kithuka v Chal Developers Limited [2015] KEELC 722 (KLR)
✦ The Court dismisses the Application for temporary injunction and finds the Plaintiff's claim time-barred.
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Babubhai M. Shah v M & M Science Ltd [2015] KEELC 750 (KLR)
✦ A mandatory injunction is granted to compel the Defendant to vacate the premises as the lease has expired and the Defendant's continued stay is a trespass.
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PSN v BNO & 3 others [2015] KEELC 639 (KLR)
✦ The applicant's application is dismissed with costs to the respondents.
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Mawingo Constructions 2010 Limited v Mombasa Water Products Limited [2015] KEELC 638 (KLR)
✦ The application has not met any of the principles set in the renowned case of Giella vs Cassman Brown (1973) E.A. for granting injunctions.
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Nahashon Ochieng Onyango v Florence M Ochieng & 3 others [2015] KEELC 637 (KLR)
✦ The court ordered a temporary injunction restraining the respondents from entering ploughing, planting, or weeding on portions under occupation and use by other family members other than the portions shown to them by the applicant.
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Kagio v Muthiga & 2 others (Sued as the Administrators and Legal Representatives of the Estate of Stephen Muthiga alias Muthiga Ndugura alias Muthiga Ndubura (Deceased)) & another (Environment & Land Case 627 of 2014) [2015] KEELC 850 (KLR) (24 February 2015) (Ruling)
✦ The court orders that the Defendants shall not interfere with the Plainti’s possession or alienate the suit property pending the hearing and determination of the suit.
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Perfect Work (K) Limited v David Murani & 9 others [2015] KEELC 737 (KLR)
✦ The suit is struck out with no order as to costs
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Acumen Properties (K) Ltd v Chairperson, Mwerere Women Group [2015] KEELC 613 (KLR)
✦ The Appellant's application for a temporary injunction pending appeal is granted, but the stay of execution of the judgment issued on 16th October, 2012 by the lower court is denied.
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Maria Lwande & Others v Registered Trustees Of Teleposta Pension Scheme [2015] KEELC 754 (KLR)
✦ The application is allowed, and the injunction orders issued on 23rd September 2008 are deemed to have lapsed.
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David Kingau Njoroge v John Githii Muthua [2015] KEELC 607 (KLR)
✦ The court held that the Defendant's preliminary objection is a pure point of law and that the suit is barred by res judicata due to a previous suit between the same parties.
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A-One Auto Services Limited v Jayantilal O. Kantaria [2015] KEELC 731 (KLR)
✦ The Plaintiff's garage business falls under the definition of a 'shop' and the dispute arises from a controlled tenancy. The matter should be transferred to the Business Premises Rent Tribunal.
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Nishith Yogendra Patel (the Legal Representative of Yogendra Purshottam Patel Deceased]) v Pascale Mireille Baksh (Nee Patel) & 2 others [2015] KEELC 736 (KLR)
✦ The court denied the Defendants' application to appoint a receiver and granted the Plaintiff's application for a stay of execution.
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Kalume Deri Mumbo v District Surveyor Kilifi & 2 others [2015] KEELC 646 (KLR)
✦ The Applicant's Application is unmeritorious and dismissed with costs.
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Livingstone Simel Sane v Shadrack F Ogata & another [2015] KEELC 753 (KLR)
✦ The court allows the firm of Sane & Co. Advocates to act on behalf of the applicant instead of Nyabena, Nyakundi & Co. Advocates. The earlier application dated 30th September 2013 is dismissed as fatally defective.
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Said Adam Kazungu v Kibokoni Properties Ltd [2015] KEELC 647 (KLR)
✦ The court ordered the Plaintiff to provide security for the Defendant's costs in the sum of Kshs. 1,500,000 or such other sum as the court deems fit, within 30 days.
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Bogani Properties Limited v Fredrick Wairegi Karuri [2015] KEELC 644 (KLR)
✦ The Court dismissed the Plaintiff's Application for a Temporary Injunction and Preliminary Objection.
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Festus Nguma v Walter Mbugua [2015] KEELC 648 (KLR)
✦ The Court held that the Plaintiff proved his case on a balance of probabilities and issued an order of injunction.
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Karino Ole Nakuro & 5 others v Ngati Farmers Co-Op Society & 7 others [2015] KEELC 629 (KLR)
✦ The petition is stayed pending clarification of the effect of the judgment in the previous suit.
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Kenya Electricity Transmission Co Ltd v Kendong Ranch Ltd & 3 others [2015] KEELC 628 (KLR)
✦ The plaintiff's application is dismissed with costs.
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Morop Company Limited v Committee - Kambi ya Moto Primary School; Chesang (Interested Party) (Administrator of the Estate of Kiplenge Chesang (Deceased)) (Environment & Land Case 109 of 2012) [2015] KEELC 848 (KLR) (18 February 2015) (Ruling)
✦ The application is struck out as there is no proof of death and no proof that Laiton Chesang holds the letters of administration.
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Lucky Summer Estate Ltd v Kariuki Gatheca & Resources Ltd & another [2015] KEELC 605 (KLR)
✦ The application is granted, and the consolidated suits are struck out.
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David Kiptum Yaror & 2 others v Attorney General & 4 others [2015] KEELC 385 (KLR)
✦ The application for contempt of court was dismissed with no order as to costs.
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Michael Kamau & others v Lukas Kimeu Mutevu & 31 others [2015] KEELC 600 (KLR)
✦ The Plaintiffs' Amended Plaint should not be struck out.
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Kungu Kamau v Kamau Kiongo & Another [2015] KEELC 712 (KLR)
✦ The sale agreement is void due to non-compliance with the Land Control Act. The Plaintiff's claim is barred by statute of limitations. The Plaintiff is entitled to a refund of the purchase price.