Kenyan case law
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Morris Kirema M'ituru v Tigania East District Land Adjudication and Settlement Officer & 2 others [2016] KEELC 755 (KLR)
✦ The application is allowed in terms of prayers (b) (c) and (d). The application is struck out and the stay orders are discharged.
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Sabera Nchee & 4 others v Isaiah Kilui Baibere & another [2016] KEELC 778 (KLR)
✦ The application is granted with the condition that the plaintiffs will not evict the 1st defendant or interfere with his stay on the suit land. The injunction is granted to restrain all dealings in Land Parcel No. ATHIRU/RUUNJINE/989 pending the hearing and determination of the suit.
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Peter Karobia Ribiro & another v Mary Wambui Mungai & another [2016] KEELC 475 (KLR)
✦ The application to set aside the ex parte order is dismissed with costs to the applicants.
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Johnson Njoroge Mwangi v Fredrick Kubai Kinyanjui [2016] KEELC 1257 (KLR)
✦ The Court dismissed the Plaintiff's application for the injunctions.
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Dickson Mbate Ngamba v Jackson Kachororo Ngamba [2016] KEELC 891 (KLR)
✦ The Plaintiff's application is dismissed with costs as he has not established a prima facie case.
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John Mathara Mwangi v Consolidated Bank of Kenya Limited [2016] KEELC 1251 (KLR)
✦ The application is dismissed. The court finds that the plaintiff can be adequately compensated by way of damages.
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Charles Sirro Nyaikondo v Robert Isoe Nyambwari & 6 others [2016] KEELC 829 (KLR)
✦ The court found that the defendants were not liable for the damage to the plaintiff's trees and fence.
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Paola Tarlazzi (suing through his attorney and or agent) & another v Roberto Ciavolella [2016] KEELC 887 (KLR)
✦ The Defendant's Application is dismissed with costs.
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Bishop Mark Kubai Kariuki & 5 others v Japhet Noti Charo & 2 others [2016] KEELC 886 (KLR)
✦ The current suit is not sub-judice to the previous case (ELC No. 2 of 2012).
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Aden Ismail Hassan & 4 others v Mohamed Amada Isaac & 2 others [2016] KEELC 893 (KLR)
✦ The orders of the court are set aside, and the Defendants are granted leave to defend the Plaintiffs' application.
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Babubhai M Mistry v Joreth Limited & another [2016] KEELC 512 (KLR)
✦ The Plaintiff's application for a temporary injunction is dismissed. The status quo relating to the title, possession, and use of the suit property shall be maintained pending the hearing and determination of the suit.
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Alice Wanja Munji v Samuel Munji Kihanya & 2 others [2016] KEELC 529 (KLR)
✦ The court strikes out the suit due to the plaintiff's failure to file a summons to enter appearance.
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Emily Wairimu Ciira v Nancy Wanjiru Njuguna [2016] KEELC 484 (KLR)
✦ The appeal abates due to the respondent's failure to make an application to substitute the deceased appellant's legal representatives within one year.
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Beatrice Wangui Kamau v John Kariuki Kamau & Another [2016] KEELC 864 (KLR)
✦ The court finds it has jurisdiction to hear the application and orders the 2nd respondent to sign the transfer documents within 60 days or be empowered to do so.
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Mohamed Abdalla Mohamed & 9 others v Kalama Rimba Gona & 3 others [2016] KEELC 896 (KLR)
✦ The Plaintiffs have proved that the Defendants have trespassed on their land.
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James Katana Baya & Another v Majengo Luganje [2016] KEELC 890 (KLR)
✦ The court found in favor of the plaintiff, ordering the defendant to vacate the land and providing for costs of the suit.
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Charles Awiti, Kevin Kahiro Munene, Lavene Ariko Esiaba, Eric Omondi Angula, Innocent Kelvin Owino, James Muoki Wambua, Lucy Wanjiku Ndiko, Eric Kihoro Gitere, Jame Mogo, James Ngunje Kariuki, Samuel Kibor Chemisto, Isaack Martin, Victoria Rotich, Stanley Michieka, Edward Nyaanga, Richard Michieka, Solomon Nyaanga, Joel Michieka,Jan Teya,Francis Macharia & Catherine Masila v China Road And Bridges Corporation Kenya Limited (Environment & Land Case 973 of 2015) [2016] KEELC 517 (KLR) (Environment and Land) (20 May 2016) (Ruling)
✦ Plaintiffs' application for a temporary injunction is granted, and defendant's application is dismissed.
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Moffat Gichuru v M'imanyara M'murithi & 2 others [2016] KEELC 774 (KLR)
✦ The court adopted the parties' consents, allowing the Defendants to harvest their cabbages and carrots within two months of May 19, 2016, and to leave the Plaintiff's land pending the hearing and determination of the case.
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Richard K Langat & 38 others v Rukuti Ole Koriata & 4 others [2016] KEELC 835 (KLR)
✦ The court allows the appeal to be filed out of time, with the applicants to file it within 14 days from the date of the ruling.
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Bishop Lawi Imathiu( suing as the trustee of Kenya Young Men’s Christian Association) v Joseph Mutune Wambui (sued as pastor and Trustee of Kenya Association of God “Heavens Gate Worship Centre” ) & 11 others [2016] KEELC 833 (KLR)
✦ The court orders consolidation of the two cases, assuming the first suit is still pending.
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Deborah Wambui Kimando v John Muigai Gatimu [2016] KEELC 1245 (KLR)
✦ The application for injunction is granted, and the status quo is maintained pending hearing and determination of this suit.
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Edward Njoroge Mwangi v Francis Muriuki Muraguri & 2 Others [2016] [2016] KEELC 895 (KLR)
✦ Interlocutory injunction lapsed by operation of law after a period of 12 months
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Republic v National Environment Tribunal & 2 others Ex-Parte West Kenya Sugar Co. Ltd [2016] KEELC 881 (KLR)
✦ The application for leave to apply for orders of certiorari and prohibition is valid, but the order granting leave to file the substantive application is not valid.
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Margaret Auma Ombai v Noorallah Tajdin Habib & 2 others [2016] KEELC 884 (KLR)
✦ The court finds that the summons to enter appearance for the 2nd and 3rd defendants expired without being served, and the plaintiff's case against them is hereby struck out. The plaintiff is ordered to take steps within 90 days to set down the case between her and the 1st defendant for hearing.
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Abdi Mohamed Noor v County Government of Turkana & another [2016] KEELC 832 (KLR)
✦ The Court finds that the Plaintiff is the lawful owner of Plot No. 268 and that the County Government still holds him as the owner of the suitland.