Kenyan case law
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Mtsonga Kabila Chiro & 4 others v John Simon Ken Mungai Gaitho & 6 others [2017] KEELC 359 (KLR)
✦ The Application is dismissed with costs.
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Daniel Tokali Mwamuye v Abdi Hassan Gure & 7 others [2017] KEELC 73 (KLR)
✦ The court finds in favor of the plaintiff, awarding him general damages for trespass and ordering the defendants to surrender vacant possession of the land within 90 days.
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Peter Mugambi Muchee v Harrison Kirimi [2017] KEELC 1002 (KLR)
✦ The court finds that the plaintiff is entitled to the prayers contained in his plaint and declares that parcel No. 1447 belongs to the plaintiff.
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Bob Marsellus Oile v Joseph Okelo Odeyo [2017] KEELC 748 (KLR)
✦ The court found that the Plaintiff and Defendant are in agreement that on 8th November 2010, they entered into a land sale agreement under which the Defendant agreed to sell one hectare of land parcel Kisumu/Korando/2156 to the Plaintiff for Ksh.2,000,000/=. The agreement was reduced into writing and the Defendant acknowledged receipt of a deposit of Ksh.300,000/=. The court found that the Defendant did not have capacity to dispose of the properties of the estate of his father without first obtaining a confirmed grant.
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David Muriuki Kiugu v Alex Mureithi Naaman [2017] KEELC 1091 (KLR)
✦ The plaintiff is entitled to costs.
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Nicholas Okoth Miruka & 5 others v Henry Odhiambo Akech [2017] KEELC 363 (KLR)
✦ The application for temporary injunction is dismissed with costs, and the Plaintiffs are allowed to continue using the land in the same manner they have been doing before the hearing of the suit.
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Edmund Mwangi Waweru v Gabriel Wanjohi Waweru & another [2017] KEELC 849 (KLR)
✦ The court lacks jurisdiction to hear the dispute due to an unresolved boundary dispute between the plaintiff's sister and the Kenya Forest Service.
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Julius Kipyegon Koech v Paul Kipngetich Koech [2017] KEELC 210 (KLR)
✦ Temporary injunction granted to restrain Defendant from encroaching on Plaintiff's land
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Shalom Levi v Karny Zahrya & Rose Wanja Muregi (Environment & Land Case 460 of 2010) [2017] KEELC 3860 (KLR) (8 November 2017) (Ruling)
✦ Partial stay granted, allowing access to the plaintiff's portion of the land but staying the award of general damages.
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Dhokia v Bank of Baroda (Kenya) Ltd (Environment & Land Case 265 of 2014) [2017] KEELC 3871 (KLR) (8 November 2017) (Ruling)
✦ The application is dismissed with costs to the Defendant.
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Alex Opiyo Mwandu v City Manager County Government of Kisumu & another [2017] KEELC 800 (KLR)
✦ The Court dismissed the preliminary objection
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Edwin Njoroge Gachuire & another v Waweru Wainaina [2017] KEELC 780 (KLR)
✦ The plaintiffs have acquired the suit property by adverse possession and the Land Registrar is ordered to transfer the property to the plaintiffs.
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Lucy Wanjiku Muchiri & another v Sumac Microfinance Limited [2017] KEELC 833 (KLR)
✦ The applicants' application for a temporary injunction is dismissed with costs to the respondent.
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James Katua Timothy v Mutunga Matata Kituma [2017] KEELC 55 (KLR)
✦ The court declares that plot number 1978 at Emali Trading Centre is the property of the plaintiff. It issues a permanent injunction against the defendant for trespassing and illegal building. An order of demolition is also granted.
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Loice Khachendi Onyango v Alex Inyangu & another [2017] KEELC 1145 (KLR)
✦ The Court grants the stay of execution pending appeal
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Republic v Senior Land Registration Officer Kajiado North Land Registry & 3 others Ex parte Arnold Wabili China Wafula [2017] KEELC 957 (KLR)
✦ The Court found that the Applicant obtained leave within 6 months of the Land Registrar's decision, and the proceedings were not biased. The Court concluded that the Land Registrar is mandated to handle boundary disputes fairly and accord due process to all parties.
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Odera Obar & Co.Advcoates v Hellen Odido [2017] KEELC 972 (KLR)
✦ The court ordered the bill of costs remitted to a different taxing officer for fresh taxation.
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Felix Akowa Rabongo v Peter Nyanengo & Migori County Government (Environment and Land Miscellaneous Application 28 of 2017) [2017] KEELC 3847 (KLR) (7 November 2017) (Ruling)
✦ The application to abandon the Notice of Motion application dated 11/4/2017 is allowed. The Notice of Motion application is marked as abandoned with no orders as to costs.
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Johnson Nkonge O. M’rucha v John Phares Njeru M’ithaara & another [2017] KEELC 1083 (KLR)
✦ The court finds no jurisdiction to re-open a matter heard and determined by a Judge who has horizontal and concurrent jurisdiction similar to the one the court possesses.
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Joseph Tireito v Jacob Kipsugut Arap Lagat & another [2017] KEELC 894 (KLR)
✦ The court finds that Ngeny was aware of the court order and that she disobeyed it by refusing to give possession of the 26.5 acres of land to the plaintiff. The court orders Ngeny to be jailed for two months or pay a fine of Kshs.100,000.
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Benson Ongoto Ogot & another v Kanyuku Wanjau [2017] KEELC 931 (KLR)
✦ The court orders that the status quo be maintained until the dispute is resolved in a trial, with no further construction or transfer of the property.
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Charles Kariithi Warui v Mary Wangu Ndandu [2017] KEELC 992 (KLR)
✦ The appeal was not incompetent and the tribunal had jurisdiction to hear the dispute involving title to land.
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Deborah Ann Kling Rooney & Another [2017] KEELC 649 (KLR)
✦ The application for interim injunction is granted.
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Republic v County Government of Kajiado Ex-parte Mohamed Abdi Guhad [2017] KEELC 963 (KLR)
✦ The Enforcement Notice is invalid as it was issued during the transition period when county assets were not to be transferred.
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David Peterson Kiengo & 5 others v Kariuki Thuo & another [2017] KEELC 1050 (KLR)
✦ The inhibition order should remain in place until the suit is heard and determined.