Kenyan case law
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Richard Mugaa v Cyrus Muthui Mwaura [2019] KEELC 918 (KLR)
✦ The court grants a stay of execution of the judgment on condition that the applicant deposits a sum of sh. 100,000 into the court as security within 30 days, with the order lasting for one year.
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Daniel Ntoitha Mwereria v Isaac Mukaria Mwereria [2019] KEELC 917 (KLR)
✦ The appeal succeeds. The lower court judgment and decree are hereby set aside. Any orders of inhibition or injunction that may have subsisted in respect of the suit land are hereby discharged.
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Emily Njoki Chege v Gathoni Simon Macharia & 2 others [2019] KEELC 928 (KLR)
✦ The court finds merit in the plaintiff's application and grants it on condition that the applicant obtains a hearing date within the next 30 days. Costs of the application are awarded to the respondents.
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John Odongo v Joyce Irungu Muhatia [2019] KEELC 936 (KLR)
✦ The application is dismissed as the appeal is not arguable and would not be rendered nugatory if the application is not granted.
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Joseph M’Mugambi v Isaiah Mbaabu & another [2019] KEELC 875 (KLR)
✦ The application is allowed on the condition that the memorandum of appeal is filed and served within 14 days from the date of the ruling, and the applicant is condemned to pay costs.
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John Ole Puley v Jackson Karanja Muhia & 3 others [2019] KEELC 782 (KLR)
✦ The suit is not res judicata, and the Petitioner's claim is not barred by the Civil Procedure Act
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Japhet Mbae Rutere,Mary M. Mutwii,Jakubu M’arimi M’rutere ,James Gatobu M’ikiugu,Monica Mwariumwe Kithinji,Gilbert Mbaabu,Joshua Kaburu Kimathi,Moses Gituma Harun,Patrick Kinyua M’iringo,Michael Mugambi J. Kabugo,Douglas Mutuma Magana & Feliciana Muthoni Rutere v Reynolds Construction Company (Environment & Land Case 28 of 2013) [2019] KEELC 888 (KLR) (12 November 2019) (Ruling)
✦ The application for substitution is dismissed as the suit had abated by the time the application was filed.
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Robert Mbugua Ndachi & another v Joseph Ndungu Njenga & 3 others [2019] KEELC 412 (KLR)
✦ The application is allowed, and costs shall be in the cause.
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Ngorika Farmers Co-operative Ltd v John Kiarie, Peter Maina Kimani & another [2019] KEELC 873 (KLR)
✦ The Plaintiff's suit is dismissed with costs to the Defendants.
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Republic v Director of Land Adjudication and Settlement & another; Japhet Miriti Thilange (Interested Party) Exparte Fredrick Simon Mburunga & another [2019] KEELC 913 (KLR)
✦ The respondent acted ultra vires by reviewing a decision of an officer of concurrent jurisdiction.
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Bridget Riara Eustus & 5 others v Eustus Kirimi M’aburi [2019] KEELC 915 (KLR)
✦ The injunction order is set aside due to the respondents' failure to prosecute the application and their sluggish behavior.
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Laban Masinjila & another v Joshua Adidala Masinjila & 3 others [2019] KEELC 885 (KLR)
✦ The application is granted, and the applicant is enjoined as a party to execute the judgment.
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Swisscom Logistics Limited v Paul Nakachii Ereng [2019] KEELC 849 (KLR)
✦ The court declares the plaintiff as the lawful, legal, absolute, and registered owner of the suit properties and restrains the defendant from interfering with the plaintiff's possession.
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Richard Thairu Gachagua v Naftali Ruthi Kinyua [2019] KEELC 870 (KLR)
✦ The present suit is res judicata and is dismissed with costs.
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Apollo Muinde & 2 others v Ernest Oyaya Okemba [2019] KEELC 657 (KLR)
✦ Interlocutory judgment is set aside as irregular and the defendant is allowed to file a defence within 21 days.
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Republic v National Land Commission & 2 others Ex parte Vipingo Beach Resort Limited;Clifford Nixon Oduor & 8 others (Interested Party) [2019] KEELC 843 (KLR)
✦ The 1st respondent caused the suit to be initiated and terminated, and should bear costs of the suit.
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Naingisa & 2 others v Director of Land Adjudication and Settlement & 3 others (Judicial Review 4 of 2019) [2019] KEELC 664 (KLR) (11 November 2019) (Ruling)
✦ The court grants leave to the applicants to commence Judicial Review proceedings against the respondents but declines the leave to operate as a stay.
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Paul James Savage v Les Belles Sauvages Limited (In Liquidation) & another [2019] KEELC 415 (KLR)
✦ The court grants prayers (a), (b), (c) and (d) of the plaint. Each party will bear its own costs.
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Kitur Arap Tesot v Daniel Kiprop Kenduiywo [2019] KEELC 823 (KLR)
✦ The court found in favor of the plaintiff, ruling that the defendant did not acquire the titles fraudulently and that the plaintiff is the lawful owner of both parcels.
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Muchi Gchukia v Francis Ndirangu Njoroge & 2 others [2019] KEELC 847 (KLR)
✦ The Plaintiff is entitled to 1.00 acre of the suit land and the land is partitioned accordingly
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Margaret Nyiha Gatambia & 2 others v Peninah Ngechi Njaaga & 3 others [2019] KEELC 795 (KLR)
✦ The Notice of Preliminary Objection is dismissed as it does not meet the test of what amounts to a Preliminary Objection.
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Charles Radiro v Rael Wambugo Ombette [2019] KEELC 1002 (KLR)
✦ The plaintiff's application to reinstate the suit and set aside the order for dismissal is dismissed with costs. The plaintiff's application for a restraining order is also dismissed.
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Lydia Mwikali Shadrack v Boniface Mwangangi Matheka [2019] KEELC 874 (KLR)
✦ The Plaintiff's Application is dismissed with no order as to costs
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Peter Butali & 2 others v District Land Registrar Thika District & 4 others [2019] KEELC 836 (KLR)
✦ The Court finds that the suit land is not the same as L.R 7705/2 and that the suit land was never acquired by the government. The Petitioners hold good title to their respective parcels of land.
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Peter Muigai Kihara v Chairman, Secretary and Treasurer of Pcea Muteero Congregation Karen Parish, Milimani South Presbytery & 2 others [2019] KEELC 844 (KLR)
✦ The court dismissed the application as no reasonable cause has been shown to warrant the exercise of the court's discretion.