Kenyan case law
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Catherin Rehema v Oliva Lungazo Lakano [2019] KEELC 1027 (KLR)
✦ The defendant obtained her title through fraud and misrepresentation, and the plaintiff's claim for cancellation of sub-divisions is granted.
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Paul Mwicigi Mbugua & another v Attorney General & 6 others [2019] KEELC 1024 (KLR)
✦ The court allows the application and sets aside the order made on the 14th May 2019.
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Nicholas Chimoma Tmbukwa v Beatrice Mmboga Magalasia [2019] KEELC 1019 (KLR)
✦ The court dismissed the plaintiff's case as he failed to establish his case on a balance of probabilities.
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Ainea Mudanya Onzore v Kenneth Simidi Otwele sued as the administrator and legal representative of the estate of Agnes Lukusa (Deceased) [2019] KEELC 952 (KLR)
✦ The court finds that Ainea Mudanya Onzore has not established adverse possession over the land parcel for more than 12 years and dismisses the claim with costs.
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Dariya Shinyanzwa & another v Josephat Lisiola Lishenga & 4 others [2019] [2019] KEELC 961 (KLR)
✦ The court finds the plaintiffs are the registered proprietor of the land and grants orders for the defendants to vacate the land and remove restrictions.
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Christopher Aluda Keya v Moses Kitagwa Alloo [2019] KEELC 970 (KLR)
✦ The application is dismissed as it has no merit and is an abuse of the court process.
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Ali Mohamed Kijuvi & another v Registrar of Title Mombasa & 2 others; Josephine Naisenya Mbatia & another (Interested Parties) [2019] KEELC 527 (KLR)
✦ The petition is dismissed as it lacks merit and the allegations are too general.
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Josphat Mailu Ndolo v City Council of Nairobi & another [2019] KEELC 510 (KLR)
✦ The court held that the defendant could not have repossessed the suit land and purported to reallocate it to another party without giving the plaintiff notice to settle the outstanding arrears.
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Kamali Jigua Nzize v Stanley Imbali [2019] KEELC 1069 (KLR)
✦ The defendant is declared the owner of a portion of the plaintiff's land and is ordered to transfer the land to the defendant within 30 days or have the court authorize the Deputy Registrar to execute the transfer.
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Beth Wambui Mwaura & 2 others v Ibrahim Lei Ele Sondai & 4 others [2019] KEELC 940 (KLR)
✦ The suit is not dismissed on the grounds of lack of a written agreement, false affidavit, or violation of Civil Procedure Rules. The court finds the suit not statute barred and dismisses the preliminary objection.
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Paul Ndungu Nyokabi & 31 others v John Nzioki Nzuki & 4 others [2019] KEELC 1026 (KLR)
✦ The court finds it lacks jurisdiction to extend time for filing of Judicial Review writ of Certiorari after 6 months from the time of the action complained of.
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Nicholus Angavu Iminde v Henry Shivoko & 3 others [2019] KEELC 1070 (KLR)
✦ The plaintiff is the registered proprietor of the land parcel No. South Kabras/Shamberere/3345 and the defendants are ordered to vacate the land within six months.
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Jeremiah Arnold Opande Arodi & Ida Nereah Adhiambo Arodi (Suing through their attorney Nicodemus Atito Arodi) v Washington Jakoyo Midiwo; Housing Finance Limited & another (Third Parties) [2019] KEELC 996 (KLR)
✦ The court finds the plaintiff has locus standi and the verifying affidavit cannot be struck out.
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Eric Timothy Balongo v Paul Siteya Loorkipony [2019] KEELC 958 (KLR)
✦ The ex parte judgment should not be set aside
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Albert Tabu Shimwaka v Albert Tabu Shimwaka & another [2019] KEELC 1059 (KLR)
✦ The court finds the defendant's title to the land is indefeasible and dismisses the plaintiff's claim.
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Kipkurgat Tarus v Joseph Kipsang Tarus [2019] KEELC 964 (KLR)
✦ The court held that the plaintiff has acquired title to the land through adverse possession and the defendant's title to the land has been extinguished.
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Elisha Oyugi & 2 others v Board of Governors Khwisero Girl’s High School [2019] KEELC 1034 (KLR)
✦ The plaintiff is the lawful owner of the suit land and the defendants' title is void.
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Abdikadir Ali Ibrahim v Samuel Maina Wanjihia & another [2019] KEELC 47 (KLR)
✦ The court granted the injunction.
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County Government of Kakamega v Josephat Shikoro Shijenje [2019] KEELC 1037 (KLR)
✦ The court finds that the constitutional avenue is available to the petitioner and that the respondent’s proposed construction is illegal and infringes the right to a clean and healthy environment.
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Margaret Kanini Murage v Kinyua Murage [2019] KEELC 1008 (KLR)
✦ The court grants the application to enlarge time within which the applicant can file her appeal.
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Michael King’oo Mbaluka v Ashvin Bhogoita & another [2019] KEELC 953 (KLR)
✦ The Plaintiff's claim is dismissed with costs as he failed to prove fraud beyond a balance of probabilities.
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Peter Ochieng Orando v Thomas Randiga Awiti [2019] KEELC 489 (KLR)
✦ The plaintiff's suit is dismissed as he has no locus standi and has not proved his case on a balance of probabilities.
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John Okoth Obare & another v Mary A Akumu & 4 others [2019] KEELC 995 (KLR)
✦ The court dismisses the plaintiffs' claim and grants the defendants' prayer for declaratory orders and transfer of land.
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Perpetua Nyawira Gatumuta v John Kuria Mungai [2019] KEELC 963 (KLR)
✦ The Court finds the Plaintiff's suit merited and grants an injunction to prevent the Defendant from trespassing and interfering with the Plaintiff's rights. The Court awards the Plaintiff General Damages for trespass in the amount of Kshs.50,000/= and costs of the suit.
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Kenya Anti-Corruption Commission v Sheldon Livasia Mudogo & another [2019] KEELC 942 (KLR)
✦ The court dismissed the application and ordered the suit to be dismissed with costs to the 1st defendant.