Kenyan case law
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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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Catheline Kageni & 5 others v County Government of Meru [2016] KEELC 769 (KLR)
✦ The court ordered the defendant to restore water and electricity within 10 days of the ruling, and the plaintiffs to pay for the services pending the hearing of the application.
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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.
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Joseph Owino Abunge v Kenya Commercial Bank Limited & another [2016] KEELC 880 (KLR)
✦ The court ordered the Plaintiff's pleadings and the notice of motion to be struck out with costs.
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Maina Kariuki v John Maina Mburu & 2 others [2016] KEELC 888 (KLR)
✦ The Plaintiff has proved his case on a balance of probabilities and a permanent injunction is issued restraining the 1st Defendant from interfering with the land.
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Ruth Wanjiku Mugo v Magutu Kwamboka Lilian & another [2016] KEELC 824 (KLR)
✦ The court finds that Mugo has a prima facie case and is entitled to protection from adverse dealings with the land pending the suit.
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James Karuku Kireru v Lucy Gathoni Kireru [2016] KEELC 892 (KLR)
✦ The proceedings before the defunct land disputes tribunal are declared null and void, and the parties revert to the status quo before the impugned proceedings.
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Republic v Laikipia West Rumuruti Division Land Disputes Tribunal & another Ex-parte Mary Njeri Kabuki & another [2016] KEELC 845 (KLR)
✦ The award is quashed. The Interested Party is advised to seek other avenues for legal redress.
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Mary Atemo Gachiriga v Jephther O Opande [2016] KEELC 846 (KLR)
✦ The Court finds that the Plaintiff acquired her title in a fraudulent manner and the Defendant is entitled to the suitland.
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Mayfair Holding Limited v Philemon Origa [2016] KEELC 899 (KLR)
✦ The court dismissed the application for an interim injunction and vacated the interim orders, finding that the applicant has not established a prima facie case with a probability of success.
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Loise Kaguu Mugwe v Wakaria Mboi Njaramwe & another [2016] KEELC 894 (KLR)
✦ The court finds the applicant's application for a stay of execution and inspection of the suit land is not valid and declines to grant the orders sought.
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Charles Merishia & 2 others v Petro Kalungokor [2016] KEELC 844 (KLR)
✦ The preliminary objection that the current suit is res judicata is dismissed. The suit is not barred by the previous suit.
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Bendera Wilson Charo v Theophilus Garama Juba [2016] KEELC 902 (KLR)
✦ Plaintiff has proved his case on a balance of probabilities and is entitled to vacant possession of the property
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Eliud Timothy Mwamunga v Bamburi Portland Cement [2016] KEELC 907 (KLR)
✦ The application to strike out the amended defence and counter-claim is dismissed with costs to the Defendant.
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Jackline Ombongi v Agnes Nyanchama & another [2016] KEELC 822 (KLR)
✦ The appeal is allowed, the ruling of the Senior Resident Magistrate's court is set aside, and the suit is reinstated for hearing before any other magistrate. The plaintiff shall file a supplementary verifying affidavit within 30 days before the date fixed for the hearing of the suit.
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Nelson Ruto Korir v Eugina Njoki & another [2016] KEELC 904 (KLR)
✦ The court sets aside the order of July 7, 2015 and orders the Plaintiff to pay the costs of the application.
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Munid Okemba Lore v Lucy Wangui Gachara [2016] KEELC 905 (KLR)
✦ The court held that the matter was not ready for trial and that the court should not recuse itself due to final findings in a previous ruling.
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Elijah Kariuki Kuria v Kenneth Obae [2016] KEELC 1243 (KLR)
✦ The Plaintiff is the duly recognized owner of the suit property and the Defendant is not.
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Olelimpaso Saitoti Peter Nkolope v Emmanuel Lekakeny Kayo [2016] KEELC 826 (KLR)
✦ The court finds the plaintiff's application without merit and dismisses it. The interim order is vacated, and each party bears their own costs.
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Erik Sunde & another v City Council of Nairobi & 3 others [2016] KEELC 1242 (KLR)
✦ The court finds that the Petitioners have no right of audience before this court as they failed to follow the procedure laid down in law for challenging a decision of the Director concerning any physical development plan such as the Development Approval.
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Arafco Agricultural Intergration Company Limited v Hassan Babakar Osman [2016] KEELC 900 (KLR)
✦ The court found that Mr. Nuh Abdulwahab Mohamed has the majority shareholding in the Plaintiff's company and that an interim injunction should issue to prevent the Defendant from interfering with the Plaintiff's possession of Galana Ranch/Block 1/1.
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Eric Mumo Mutisya v Donwoods Company Limited [2016] KEELC 1241 (KLR)
✦ The court grants a vesting order for the land to the Applicant, authorizes the Deputy Registrar to execute the transfer, orders the Registrar of Lands to register the Applicant as the landowner, and orders the Respondent to pay costs.
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Likizo Limited v Yeri Kombe & 3 Others [2016] KEELC 901 (KLR)
✦ The court reinstates the suit and sets aside the previous dismissal.
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Juma Fadhil Omar v Kitsao Nzai & another [2016] KEELC 903 (KLR)
✦ The Defendants be and are hereby evicted from parcel of land known as Gede/Dabaso/125
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Njeru M’changara v Beatrice Nduku Mutua [2016] KEELC 818 (KLR)
✦ The applicant’s Notice of Motion is wholly unmeritorious and is accordingly dismissed