Kenyan case law
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Margaret Rose Wambui v Silvester John Njoroge [2015] KEELC 706 (KLR)
✦ The Defendant’s application is dismissed as the order has been overtaken by events. Costs shall be in the cause.
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Order of St Augustine Kenya Registered Trustees v Alfred Otieno & 5 others [2015] KEELC 704 (KLR)
✦ The application is dismissed.
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Kenpol Services Limited v Beacon Towers Limited [2015] KEELC 693 (KLR)
✦ The plaintiff is hereby declared to have acquired title to L.R NO. 209/13559 of I.R NO. 75461 situated in Nairobi by virtue of adverse possession. The title held by Beacon Towers Limited over L.R.NO.209/13559 of I.R.75461 is hereby declared to have been extinguished in favour of the plaintiff. The Land Registrar Nairobi be and is hereby directed to cancel the registration of Beacon Towers Limited as the owner of L.R.NO.209/13559 of I.R.75461 and in place thereof register Kenpol Services Limited as the owner.
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Dusan Construction Limited v S M Munikah t/a Munikah & Company Advocates [2015] KEELC 705 (KLR)
✦ The Plaintiff's Preliminary Objection is dismissed, and the case is listed for trial on a priority basis.
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Michael Kundu Kamoti v Willy Kiptoo Kirui & another [2015] KEELC 687 (KLR)
✦ The plaintiff's suit is dismissed with costs to the first defendant. An eviction order is issued against the plaintiff from LR. No. Trans Nzoia/Mito Mbili/210.
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Flora Ola Limited C/O Kale Maina & Bundotich Advocate v Kenneth Kipchomuso & 2 others [2015] KEELC 689 (KLR)
✦ The application for injunction is allowed.
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Clement Chemonges v John Masai & another [2015] KEELC 683 (KLR)
✦ The court grants the injunction sought by the applicant, allowing him to remain in possession of the land and preventing the respondents from interfering with it.
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Joseph Kiprepei Lotukei v Stephen Toroitich Korkou [2015] KEELC 686 (KLR)
✦ The applicant is entitled to 2 acres of land from the second house, and the respondent is entitled to the remaining 3 acres.
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Lomerinyang Chepsien v Robert Lokitar Lomerinyang [2015] KEELC 685 (KLR)
✦ The plaintiff is a member of Parua 'A' Group Ranch and the disputed land belongs to him.
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Regisatered Trustees of Jamie Masjid Ahl-Sunnait-Wal-Jamait Nairobi v Nairobi City County & 2 others [2015] KEELC 710 (KLR)
✦ The Plaintiff has established a prima facie case and will suffer irreparable harm if an injunction is not granted. The court finds that the balance of convenience tilts in favor of the Plaintiff.
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Lonyangole Nguranyang v Abraham Lonyangat [2015] KEELC 690 (KLR)
✦ The defendant was not properly served with summons and the execution process was irregular. The ex-parte judgment is set aside, and the defendant is granted leave to file a defence.
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David Muigai Ng’ang’a v Embakasi Ranching Company Limited & another [2015] KEELC 760 (KLR)
✦ The Plaintiff is not entitled to an order of specific performance and the claim for the amount of Kshs. 625,000/=
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Young Moon Choi & 3 others v Goldstein Group Services Limited & 2 others [2015] KEELC 442 (KLR)
✦ The application was dismissed with costs as the allegations that the Plaintiffs were flight risks or unable to meet the costs were unsubstantiated.
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Gladys Nyambura Gatere v Margaret Wambui Mugo [2015] KEELC 179 (KLR)
✦ The respondent's bill of costs is struck out with no order as to costs.
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Wesley Kibii Arap Ruto & 3 others v Paraminder Singh & another [2015] KEELC 146 (KLR)
✦ The suit is dismissed with costs as it does not disclose a cause of action and is frivolous and vexatious.
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Willy Kimutai Kitilit v Michael Kibet [2015] KEELC 478 (KLR)
✦ The court finds that the entire purchase price was not to be paid within one month, and the plaintiff had created an implied or constructive trust in favor of the defendant.
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Zipporah Wambui Njenga v Alice Wakonyo Kahuhu & another [2015] KEELC 433 (KLR)
✦ The Plaintiff breached the sale agreement by failing to pay the deposit as per the agreement.
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Godfrey Karume v Kilimo Fondo Shutu & 6 others [2015] KEELC 416 (KLR)
✦ The Defendants have not acquired a title to the Plaintiff's land by adverse possession.
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Fresco Bushlands (K) Limited v Warsame Mohamed Isaak & 4 others [2015] KEELC 208 (KLR)
✦ The court dismisses the Plaintiff's Application dated 9th February 2015, finding that the Defendants were not furnished with documents showing the extent of the 95,000 acres so as to move their cows out of the said land.
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Skov Estate Limited & 5 others v Agricultural Development Corporation & another [2015] KEELC 624 (KLR)
✦ The application is dismissed
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Fidelis Musiko Okonga v Ronald Inyangala & 4 others [2015] KEELC 22 (KLR)
✦ Leave is granted to amend the plaint
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Spring Property Managment Limited v Luke Bruno Mwatsuma & 4 others [2015] KEELC 270 (KLR)
✦ The court dismissed the Plaintiff's application for an injunction order because the Defendants are the registered proprietors of the plots in question and the Plaintiff's claim for an injunction is not justified.
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George Hyke Kiplagat Bartenge & 2 others v Eldama Ravine Education Foundation & another [2015] KEELC 2 (KLR)
✦ The court finds that the petitioners have not established a reasonable cause of action and dismisses the petition with no order as to costs.
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Spree Club Limited v Medical Officer of Health Uasin Government & 2 others [2015] KEELC 252 (KLR)
✦ The court finds that the interim orders were not obtained by deceit and that the petitioners did not fail to disclose material facts. The orders are therefore not set aside.
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Soft White Beach Limited v Joseph Kashuru Mumbo & 4 others [2015] KEELC 174 (KLR)
✦ The Application is dismissed with costs, as the 1st Defendant gave instructions to Kenga & Co. Advocates to act for him in 2014, and the summons were duly served.