Kenyan case law
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Peter Ngure Kariuki & 3 others v Loice Wanjiru Mburu & another [2017] KEELC 322 (KLR)
✦ The court declared that the defendants have no right over LR. No. Limuru/Kabuku/1324 and ordered their eviction.
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Josephine Wairimu Githinji v Lucy Wanjiru Murimi & 3 others [2017] KEELC 604 (KLR)
✦ The Petition is dismissed with costs, and KERUGOYA ELC NO. 120 of 2013 is referred to another Court.
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Lucy Ngoiri Nderi v Teresia Wanjiku Wainaina [2017] KEELC 1094 (KLR)
✦ The status quo is maintained with the Defendant in possession, but with restrictions on further construction, charging, alienation, selling, disposing off, digging foundation, and engaging in any action that would interfere with the preservation of the suit properties.
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Celestine Njeru v Nyaga Robert Ngari & another [2017] KEELC 325 (KLR)
✦ The Court dismissed the Applicant's application to review or set aside the sale agreement due to the lack of new evidence and the discrepancy being attributed to the writer of the agreement.
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Catherine Mgendi v Utumishi Investments Limited & another [2017] KEELC 557 (KLR)
✦ The court found that the defendant had the right to sell the property at the price they wished and the plaintiff had the right to purchase it. The defendant had shown justification for the increase in price and the plaintiff should pay the balance of Kshs.30,000/=
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Isaac Mochabo v Richard Ongeri & another [2017] KEELC 1025 (KLR)
✦ The court finds the plaintiff's suit not proved on a balance of probabilities and dismisses the suit.
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Bernard Gesora Makori & another v Co-operative Merchant Bank Ltd & another [2017] KEELC 1019 (KLR)
✦ The court dismissed the plaintiffs' claims and granted the defendants' applications.
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Presbyterian Foundation v Douglas Kihiko Waiyaki & 4 others [2017] KEELC 794 (KLR)
✦ The plaintiff's application for a temporary injunction is dismissed with costs to the defendants.
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Republic v National Land Commission Ex-parte Kenya National Chamber of Commerce and Industry [2017] KEELC 979 (KLR)
✦ The court quashes the respondent's decision to revoke the applicant's letter of allotment and prohibits the respondent from revoking it without due process.
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Samwel Kiplangat Sang v Joel Kiprotich Koech [2017] KEELC 115 (KLR)
✦ The Plaintiff has not demonstrated a prima facie case with a probability of success and the balance of convenience tilts in favor of the Defendant.
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James Waweru Gikaru v Lucy Njeri Billy [2017] KEELC 305 (KLR)
✦ The plaintiff's suit is dismissed. There shall be no orders as to costs of this suit.
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Kenya Electricity Transmission Company Limited v Simeon Ongeri Nyaundi, Andrew Obuba Nyaundi and Paulina Kemunto (Sued as Joint Owners) & 7 others [2017] KEELC 1030 (KLR)
✦ The plaintiff's application for compensation and injunction is granted.
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Nyambura Kamau v Teresia Wanjiku Wainaina [2017] KEELC 1085 (KLR)
✦ The Plaintiff's Notice of Motion application is dismissed with costs, and the status quo is maintained with the Defendant in possession and occupation, but restrained from certain actions.
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Raphael Gachoki Njanguru v Aresio Ndanju Karagu [2017] KEELC 570 (KLR)
✦ The suit is dismissed with costs to the defendant
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Kennedy Kimutai Salat v Kanuli Information Technology Solutions Limited & another [2017] KEELC 80 (KLR)
✦ The court finds in favor of the Plaintiff and issues a temporary injunction restraining the 2nd Defendant from selling the suit property.
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Jacinta Njeri Wanyoike v Teresia Wanjiku Wainaina [2017] KEELC 1130 (KLR)
✦ The Court finds that the Plaintiff has not established irreparable loss and maintains the status quo with Defendant in possession but restrained from interfering with the land.
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Elizabeth Njeri Kamau (Suing as the personal representative of the Estate of Wainaina Mbuthia Gachoka (deceased) v Cyrus Joseph Karanja & another [2017] KEELC 1096 (KLR)
✦ The Court grants the Plaintiff/Applicant's application for extension of time to file the Notice of Appeal and the Appeal to the Court of Appeal, with specific deadlines.
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Lucia Nyagaki Mburu v Teresia Wanjiku Wainaina [2017] KEELC 1135 (KLR)
✦ The Court finds the Plaintiff's Notice of Motion application not merited and disallows it with costs being in the cause. Status quo is maintained.
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Robert Ngaruiya Chutha v Joseph Chege Ndung’u [2017] KEELC 326 (KLR)
✦ The court found that the plaintiff was not the rightful share holder and that the defendant was the rightful owner of the land.
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Nazirali Musa Haji v County Government of Narok & another [2017] KEELC 492 (KLR)
✦ The court set aside previous orders, joined Harun Lempaka as the 2nd defendant, and granted an injunction against the plaintiff.
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Michael Thiongo Gatete v Attorney General & 4 others [2017] KEELC 1013 (KLR)
✦ The court quashes the decision of the Land Disputes Tribunal and the proceedings before it, and prohibits the Magistrate's Court from implementing or executing its order adopting the decision of the Tribunal.
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Joseph Munene Muriithi & 2 Others v Edward Muriithi Gathungu & 2 Others [2017] KEELC 481 (KLR)
✦ Judgment is entered for the plaintiffs, revoking the fraudulent registration of land parcels MUTIRA/KIRUNDA/2426 and 2427 and declaring them to belong to the 1st and 2nd plaintiffs.
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Selian Holdings Company Limited v NIC Bank Limited (Environment & Land Case 445 of 2017) [2017] KEELC 1121 (KLR) (10 November 2017) (Ruling)
✦ The court finds that the Plaintiff/Applicant has not established a prima-facie case for a temporary injunction and that the Defendant/Respondent has a right to exercise the statutory power of sale.
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Kiprotich Korir & another v Shiyotor Holdings Limited [2017] KEELC 190 (KLR)
✦ The suit is dismissed with costs to the defendant.
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Julius Monzi Muia & 2 others v Thomas Muthiani Nzioka & another [2017] KEELC 970 (KLR)
✦ The court allows the application to set aside the dismissal and reinstate the suit due to the anomaly in the service of the hearing notice.