Kenyan case law
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Korner Ochieng Oyoo & another v Maria Oloo Oliech & another [2019] KEELC 934 (KLR)
✦ The application has no merit and is dismissed with costs.
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Kenfrey Gitonga Munyua v Jam Auto Spares & 2 others [2019] KEELC 807 (KLR)
✦ The plaintiff's application for an interim injunction is dismissed as the sale agreement was not frustrated due to the plaintiff's failure to repay the loan, and the 1st defendant had the authority to pay the loan facility.
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Monica Njoki Gathumbi v George Muchira Gathumbi [2019] KEELC 684 (KLR)
✦ The appeal is allowed, and the trial magistrate's decision is set aside. The case is remitted back for re-trial before any other magistrate.
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Joshua Munyao Nzau v Benjamin Kivindyo Muinde [2019] KEELC 867 (KLR)
✦ The court denies the application to transfer the case.
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Benard Ndichu Mwaura v Godfrey Gitahi Keen [2019] KEELC 816 (KLR)
✦ The Preliminary Objection is heard alongside the Application for extension of time to file the Defence out of time.
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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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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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Paul Kamura Kirunge v John Peter Nganga [2019] KEELC 832 (KLR)
✦ The Court finds the application merited and allows it with a condition that the Appellant provides Kshs.500,000 as security of costs within 30 days.
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Daniel Kiprugut Maiywa v Rebecca Chepkurgat Maina [2019] KEELC 842 (KLR)
✦ The contract between the plaintiff and the defendant's sons is not valid, and the plaintiff is not entitled to an injunction or any other relief.
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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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Nancy Muthoni Macere (Suing as the Legal Representative of the Estate of Peter Machere Kamundo (Deceased) v Kirinyaga County Government & another; Michael Muthii Mwangi Interested Party [2019] KEELC 603 (KLR)
✦ The application for stay of execution pending appeal is dismissed as the applicant has not demonstrated substantial loss and has not satisfied the other grounds under Order 42 Rule 6 (2) CPR.
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John Kamau Kinyanjui v Thika District Land Registrar & another [2019] KEELC 806 (KLR)
✦ The Court finds that the restriction is not merited and is not proper, and therefore allows the application to remove the restriction.
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Lupe Contractors Co. Ltd v William Kariuki [2019] KEELC 855 (KLR)
✦ The Court dismisses the application and finds that there are no rent arrears and the Appellant/Respondent has not breached the Consent Order.
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Paul Muli Muyanga v Kaindi Ngui Munuve [2019] KEELC 880 (KLR)
✦ The Plaintiff is declared to be entitled by adverse possession to the land
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Ramadhan Abdullai Odhiambo v Mary Alima Akong’o Rachier (suing as the legal representative of the estate of Adija Onyicha Sat) [2019] KEELC 776 (KLR)
✦ The court dismisses the plaintiff's application for stay of execution and grants the defendant's application for forceful eviction.
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Mary Ntiba (Suing as a legal representative of the estate of Maliamu Ncurubi M’Ibiri) v Francis M’Imanyara M’Ringera [2019] KEELC 922 (KLR)
✦ The application is allowed with no orders as to costs.
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Nathan Kegengo Monayo v John Sorana Akama [2019] KEELC 765 (KLR)
✦ The Honourable Court orders rectification and cancellation of titles to land parcel Nyaribari/Chache/B/B/Boburia/1549 and resultant numbers 8015, 8016, 8017 and 018.
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Leonard Muthike Njuke v Paul Ndambiri Njagi & another [2019] KEELC 204 (KLR)
✦ The Plaintiff's notice of motion for review is dismissed with costs to the Defendants.
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Salome Wanjiru Ngugi v Mumbi Wakaba & another [2019] KEELC 395 (KLR)
✦ The application is dismissed with no order as to costs.
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Regina Mwikali Muema v Beth Wanjiru & another [2019] KEELC 343 (KLR)
✦ The court finds that the Defendant is entitled to a permanent injunction to protect her from the Plaintiff's insults and interference. The Plaintiff's prayers for a permanent injunction, order of eviction, and damages are dismissed.
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Raymond Charo & another v Timothy Simasi & 2 others [2019] KEELC 788 (KLR)
✦ Suit against deceased defendant is an abuse of court process and is struck out
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Emily Mwendia Muema & another v Dominic Murage Njeru [2019] KEELC 592 (KLR)
✦ The Plaintiffs' application for an interim injunction and prohibitory order is allowed.
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Joseph Kithinji Gitonga v Jeniffer Nkirote & another [2019] KEELC 883 (KLR)
✦ The court grants leave to amend the plaint, but with conditions.
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James Nyakundi Omwenga v Richard Makori Nyakundi [2019] KEELC 792 (KLR)
✦ The court held that the land parcel was ancestral land and the defendant's father had a customary trust right over it. The plaintiff's father held the land in trust for himself and the defendant's father. The court ordered succession proceedings and the transfer of the land to the defendant.
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Samwel Yota v Losharipo Aperekori; Augustine Kotoruk Psinet (Legal Representative of the Estate of Chepokrop Ibrahim (Deceased) (Applicant) [2019] KEELC 1013 (KLR)
✦ The application is granted, and the status quo relating to the suit land as at the time prior to the institution of the suit shall be maintained pending the hearing and determination of the suit.