Kenyan case law
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Jaber Mohsen Ali & another v Priscillah Boit & another [2014] KEELC 132 (KLR)
✦ The application for stay pending appeal has been filed after unreasonable delay, and the application for eviction is granted with a further seven days for the defendants to vacate the premises. If they do not vacate, the plaintiff will proceed with eviction.
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Titus Kiragu v Commissioner of Lands & 2 others [2014] KEELC 9 (KLR)
✦ The suit is dismissed as against the 2nd Defendant due to lack of service of summons.
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Jane Njoki Kihara v Joseph Kihara Gichui [2014] KEELC 519 (KLR)
✦ The Plaintiff has failed to establish a prima facie case for proprietary rights over the Suit Property.
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Friends of Lake Turkana Trust v Attorney General & 2 others [2014] KEELC 511 (KLR)
✦ The Court declines to grant the order of prohibition sought by the Petitioner to enjoin and prohibit the purchase of electricity from Ethiopia and the Gibe III project until an independent environmental impact assessment is conducted.
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Uchumi Services Limited v Chengo Katana Koi & 4 others [2014] KEELC 215 (KLR)
✦ The Defendants' Defence and Counter-claim are invalid and should be expunged from the record. The Defendants' claim is not time barred and they have the locus standi to file a counter-claim.
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Sheila M. N. Wangwe & another v Calleb Were Wanyonyi & another [2014] KEELC 261 (KLR)
✦ The court found that the 1st Defendant was not culpable for contempt of court and denied the Plaintiffs' application.
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Isabel Waithira Njoroge v Permanent Secretary Ministry of State for Provincial Administration & Internal Security & 4 others [2014] KEELC 433 (KLR)
✦ The court finds that the Respondents breached the constitutional and statutory requirements for land acquisition and compensation. The court orders the Petitioner to be compensated for the breach of Article 40 and 47 of the Constitution.
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Kenneth Gitunda Kamau v Lucas Owiti & 2 others [2014] KEELC 367 (KLR)
✦ The 3rd Defendant's name should be struck out of the suit as an agent of a known principal, Vros Produce Limited.
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Thomas Gona Rimba & another v Mario Rossi & 8 others [2014] KEELC 426 (KLR)
✦ The court sets aside its previous order dismissing the application and directs the hearing of the two applications concurrently. Each party is to bear their own costs.
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Henry Gitonga T/A Homeboys Store & another v Asha Ramadhani [2014] KEELC 667 (KLR)
✦ The Plaintiffs' application for an interim injunction is dismissed. The earlier orders granting the injunction are discharged. Each party shall bear their own costs.
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Joyce Mwihaki v Maria Nyokabi Kibunja [2014] KEELC 580 (KLR)
✦ The appeal is allowed, and the respondent is entitled to a life interest in the whole residue of the net estate of her husband and the estate of Simon Muriuki Kibunja's father.
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Gidion Mike Mbuvi v Registered Trustees of National Christian Council of Kenya & 3 others [2014] KEELC 506 (KLR)
✦ The Court dismissed the preliminary objections raised by the 1st and 2nd Defendants.
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Global Ten Investment Ltd v Kanorero River Farm Limited & another [2014] KEELC 346 (KLR)
✦ The interlocutory judgment entered on 15th May 2012 against the applicant in respect of the 1st Respondent’s counter claim is set aside. The applicant’s Reply to the 1st Defendant statement of Defence and Defence to Counter Claim dated 22nd May, 2012 and filed on 24th May, 2012 is admitted on record and deemed as having been filed and served.
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Gitathiru Kariobangi Company Limited v James Gacheru Muriu & 9 others [2014] KEELC 501 (KLR)
✦ The Court finds that no lawful subdivision of the suit property was undertaken and that the Plaintiff is the rightful and/or legal owner of the plot known as L.R. 209/8553/334.
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Stephen Kipkosgei Samoei & 61 others v William Chepkiyeny & 21 others [2014] KEELC 331 (KLR)
✦ The application to amend the plaint is granted, with the plaintiffs required to re-number the defendants sequentially.
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Susan Chemaiyo Chepngom v Sammy Kiprono Koech [2014] KEELC 275 (KLR)
✦ The court allows the application for injunction, barring the defendant from entering, being upon, utilizing, or interfering with the quiet possession of the plaintiff's land until the final determination of the suit.
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Franci Limited v Defuct Municipal Council Of Malindi & 3 others [2014] KEELC 677 (KLR)
✦ The court dismisses the Ex-parte Applicant's Application with costs.
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Samwel Njehia Gitau v Joyce Wanjiku [2014] KEELC 587 (KLR)
✦ The court dismisses the application for temporary injunction, finding that granting the injunction would have the effect of evicting the respondent, leading her to suffer.
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George Kamau Kimani & Four others v County Government of Trans-Nzoia & another [2014] KEELC 207 (KLR)
✦ The application by the plaintiffs is hereby dismissed with costs to the County Government of Trans-Nzoia.
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Samuel Kiplagat Namini & 2 others v Town Council of Eldama Ravine & 8 others [2014] KEELC 183 (KLR)
✦ The application for review is allowed, and the judgment is set aside. The defense case is reopened for the 1st defendant only, subject to the plaintiffs paying throw-away costs.
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H T & another v J T M & 2 others [2014] KEELC 273 (KLR)
✦ The court found that the marriage did not exist and that the land is not family land. H T is declared a trespasser and ordered to vacate the land.
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Harjinder Singh Plaha v Surjit Singh Dhian [2014] KEELC 198 (KLR)
✦ Plaintiff's application for injunction is granted
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Gladys Nyambura Gatere v Margaret Wambui Mugo [2014] KEELC 532 (KLR)
✦ The plaintiff's possession of the part of the land has been continuous as from the 21/1/1997, but there have been concerted efforts by the defendants to interrupt the possession by litigating until the 29th day of October 2009. The court finds that the requisite period of adverse possession of twelve years was interrupted by the aforesaid suits, and the originating summons is dismissed with costs to the defendant.
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Fleetwood Enterprises Limited v Kenya Power & Lighting Limited [2014] KEELC 99 (KLR)
✦ The court found that the Defendant trespassed on the Plaintiff's property and ordered the Defendant to remove the illegal electricity supply lines and pay damages for trespass.
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Stephen Mwaka Mbuvi v Patrick Mutuku Mbovi [2014] KEELC 165 (KLR)
✦ The court denied Mugo's application to be joined as an interested party and to be granted a temporary prohibitory injunction and an order of specific performance.