Kenyan case law
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Ethics and Anti- Corruption Commission v National Land Commission & 4 others; Kenya Railways Corporation (Interested Party) [2019] KEELC 892 (KLR)
✦ The Consent dated 30th October, 2019 between the Petitioner and the 2nd Respondent will be adopted as an Order of Court.
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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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Mansukhalal Jesang Maru v Frank Wafula [2019] KEELC 948 (KLR)
✦ The application is dismissed with costs to the plaintiff
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Julius Kiambati Mbura v Benard Kirimi Thirunga & 2 others [2019] KEELC 935 (KLR)
✦ The court allows the appeal and reinstates the appellant's defence, subject to the appellant paying costs to the plaintiff. The trial magistrate's orders are set aside.
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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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James Tongi Miruka v George Mauti Ombacho [2019] KEELC 766 (KLR)
✦ The plaintiff is the lawful owner of plot No.34 and the defendant is ordered to vacate the property within 30 days.
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Noahs Sapati Ole Mpamae v Absolute Organic Agro Products Ltd & another [2019] KEELC 991 (KLR)
✦ The court allows the plaintiff's application to excise and transfer the land, with specified terms and conditions.
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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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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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Said Salim (suing as an administrator of the Estate of Salim Daud Ogina) v CDF Committee Nyali Constituency & 3 others [2019] KEELC 764 (KLR)
✦ The court dismisses the application for injunction as the petitioner has not demonstrated a prima facie case with a probability of success, and the delay in filing the application is considered by the court.
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Colombus Opio Adeti v Alexander Oyiolo Odongo [2019] KEELC 891 (KLR)
✦ The Court allows the application and directs the Deputy Registrar to make a determination on the pending preliminary objection. The file will be returned to her on 20th November 2019. The Plaintiff is ordered to meet their costs of the application.
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Mario Majane Kimani & 12 others v Nairobi City Council & 2 others [2019] KEELC 321 (KLR)
✦ The suit was not filed in accordance with the law and is therefore incompetent.
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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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Republic v Governor Nairobi City County Government & another Exparte Kuza Farms and Allied Limited [2019] KEELC 971 (KLR)
✦ The court finds no merit in the application and dismisses it with costs.
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Isaac Kiprotich Kiptoo v Edward Kibet Kimetto [2019] KEELC 974 (KLR)
✦ The applicant has acquired title to the suit land by adverse possession and the respondent's title has been extinguished.
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Abdarahman Aden v Nyali Intergrated Academy Ltd [2019] KEELC 241 (KLR)
✦ The defendant's defense is frivolous and the tenancy has been legally terminated. Judgment is entered in favor of the plaintiff for vacant possession.
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Nirmar Kaur Sian & another v Prithvi Pal Singh Sian & 2 others [2019] KEELC 911 (KLR)
✦ The plaintiffs' notice of motion dated 14/12/2018 and the 1st defendant's notice of motion dated 22/2/2019 are disposed in the following terms: a) The 2nd plaintiff's plea for injunctive orders against the defendants is dismissed for lack of merit. b) Pending the hearing and determination of this suit, the suit property, Land Reference Number 209/3682, is hereby preserved in that no dealings shall be registered against the Title and the 1st defendant shall not part with the Title documents which he holds. c) Pending the hearing and determination of this suit, the 1st plaintiff shall continue to have possession of the suit property.
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Rukia Raphael Thoya v Stephen Wangura & 2 others [2019] KEELC 973 (KLR)
✦ Application dismissed
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Chuka Igamba Ng’ombe Development Association v County Government of Tharaka Nithi [2019] KEELC 1009 (KLR)
✦ The defendant is directed to fully comply with Order 11 of the Civil Procedure Rules by 19th November, 2019.
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Charles Ajwang’ Abeti (Suing As The Legal Representative Of Abeti Atinda, Deceased) v Charles Ochoro Rabach [2019] KEELC 140 (KLR)
✦ The plaintiff has not proved his claim for adverse possession in respect of the suit land on a balance of probabilities.
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Republic v E. Muiru Senior Resident Magistrate Kilungu & 2 others; Robert Kilonzo Mwania & 2 others(Interested Parties) Ex-Parte Makueni Sand Conservation and Utilization Authority & another [2019] KEELC 655 (KLR)
✦ The application by the Exparte Applicants must fail. The Government Proceedings Act does not apply to the two Exparte Applicants and the 1st Applicant since they are not the National Government. The orders sought by the Exparte Applicants are unmerited.
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Josephine Muhonja Mwinamo v Murina Mwachilungu Kambi & 7 others [2019] KEELC 532 (KLR)
✦ The court dismissed the objections and allowed the plaintiff's notice of motion.
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Leseru Tebeson Farmers Society v National Land Commission & 4 others [2019] KEELC 930 (KLR)
✦ The court consolidated ELC No. 23 of 2019 and ELC Petition No. 11 of 2019 with ELC No. 78 of 2019, and ordered that the proceedings be continued in ELC No. 23 of 2019. The Petitioners were enjoined as defendants in the consolidated suit.
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Kenya Anti-Corruption Commission v Ismail Kipkemboi & 4 others [2019] KEELC 984 (KLR)
✦ The 3rd defendant has a cause of action and should not be struck out of the suit.
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James Mayeku Makitoni & 3 others v Wenslaus Mukhwana & 3 others [2019] KEELC 1007 (KLR)
✦ The court grants the defendants' application to maintain the status quo regarding the land and sets aside the default judgment, ordering the matter to proceed on the merits.