Kenyan case law
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Eunice Njeri t/a Suncross Cafe & another v Michael Wainaina t/a Ngurish Investments Ltd [2014] KEELC 243 (KLR)
✦ The court will not withdraw and retransfer the Tribunal Cause No. 334 and 335 of 2013 as the Business Premises Rent Tribunal is now operational. The court will grant a temporary injunction but not a mandatory injunction.
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George Gathuki Ng’ang’a v Gaski Investment Limited & 2 others [2014] KEELC 573 (KLR)
✦ Interlocutory Judgment should not have been entered against the 1st Defendant/Applicant due to improper service of Summons to Enter Appearance.
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Salama Beach Hotel Ltd v Mario Rossi [2014] KEELC 127 (KLR)
✦ The Plaintiff's Application is allowed with no order as to costs.
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Samuel Irura Nderitu t/a Dik Dik Restaurant v Peterson Marira [2014] KEELC 167 (KLR)
✦ The Court did not find the threshold for the grant of the temporary injunction met and did not rule on the special circumstances.
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Selly Jepchumba Rutto v Keneth K. Suter [2014] KEELC 274 (KLR)
✦ The court finds that the applicant's application has no merits and dismisses it with costs to the respondent.
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Teresia Mukeli Kisuli v Kenneth Mwanzia Musembi [2014] KEELC 624 (KLR)
✦ The court reinstated the suit due to the Plaintiff's reasonable delay and the lack of prejudice to the Defendant.
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Suresh Kumar Safat & another v Trustees of the Kenya Assemblies of God & another [2014] KEELC 465 (KLR)
✦ The Plaintiffs' suit and Notice of Motion are properly before this court. The Court has exclusive jurisdiction under Article 162(2)(b) of the Constitution to hear and determine all disputes as to the title to, use and occupation of land.
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Francis Kimani & 2 others (suing for and on behalf of Super Mind Development Self Help Group v Gachiri Kariuki & another t/a Gachiri Kariuki & Kiai Advocates [2014] KEELC 40 (KLR)
✦ The court dismissed the application as frivolous, vexatious, and an abuse of the court process.
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Simon Kandie & 7 others v Richardson Kipkoech Bundotich & 5 others [2014] KEELC 676 (KLR)
✦ The plaintiffs have locus standi to bring the suit on behalf of the company.
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George Nakulo Osallo v Barclays Bank of Kenya & 2 others [2014] KEELC 342 (KLR)
✦ The court found that the Plaintiff has not established a prima facie case for a temporary injunction and thus denied the application.
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Sukhden Singh & another v Janet Leeland & another [2014] KEELC 577 (KLR)
✦ The applicant's application for joinder has merit, and the court allows the application. The applicant is added as the 2nd Defendant to the suit and granted leave to file a defence with or without a counterclaim.
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Gatarakwa Farmers Company Ltd v Attorney General & 8 Others [2014] KEELC 627 (KLR)
✦ The court declared the compulsory acquisition of land by the government as illegal and contravening the property rights of the petitioner. The court ordered the respondents to be restrained from entering, remaining on, excavating and or crushing ballast in the suit property.
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Stanley Waichigo Ngumba & 6 others v Kyanjau Housing Co-operative Society & another [2014] KEELC 633 (KLR)
✦ The court denied the plaintiffs' application for an injunction.
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Samwel K. Maiyo & 5 others v County of Uasin Gishu Government & 2 others [2014] KEELC 23 (KLR)
✦ The Finance Bill is declared illegal and the process of increasing rents is null and void
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Evans Mairura Omwenga v Daniel C. Chebet [2014] KEELC 30 (KLR)
✦ The plaintiff is declared the rightful owner of the land parcel Eldoret Municipality/Block 14/783. A permanent injunction is issued to stop the defendant from using the land. The plaintiff is awarded Kshs. 200,000 in general damages for trespass.
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Tasmac Limited v Roberto Marci, Reuggero Sciommeri, Shalin Chitranjan Gor & Nassau Limited [2014] KEELC 304 (KLR)
✦ The Court does not have jurisdiction to extend the time for filing the Notice of Appeal and therefore the application is dismissed.
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Teddy Davis Ngala v Pola Ngala Alias Pola Charo Kaniki [2014] KEELC 160 (KLR)
✦ The application for stay of execution is granted, and the Defendant is ordered to deposit the original title deed in court pending the appeal.
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Florence Ambogo Kimiya v Kennedy Muguva Omolo & another [2014] KEELC 584 (KLR)
✦ The Plaintiff has failed to prove a prima facie case with high chances of success, and the Court dismisses the Application.
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Thayu Kamau Mukugi v Francis Kibaru Karanja [2014] KEELC 670 (KLR)
✦ The court allows the Defendant's application to consolidate the suits, allowing the matter to be disposed of at the same time.
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Tasmac Limited v Roberto Macri & 4 others [2014] KEELC 419 (KLR)
✦ The Defendants' Application for security for costs is dismissed with costs
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James Mukuria Njoroge (Suing as the Administrator of the Estate of the late Njoroge Thiaru v Joseph Muraya Gachuhi & 2 others [2014] KEELC 380 (KLR)
✦ The Court found that the Plaintiff has not established a prima facie case for a temporary injunction.
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Tony Kent v Polcino Oasis Limited [2014] KEELC 313 (KLR)
✦ The court grants the mandatory injunctions sought by the Applicant.
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Thomas O Opiyo & 127 others v Teleposta Pension Scheme Registerd Trustees [2014] KEELC 636 (KLR)
✦ The court denies the application for a temporary injunction but orders the Plaintiffs to maintain and observe the status quo until the suit is heard and determined.
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Taita Ranching Co Ltd v Dirie & Sons Co Limited [2014] KEELC 91 (KLR)
✦ The court ruled that the grazing license expired on 31st March 2010 and the defendant continued to stay on the ranch without paying rent. The court awarded grazing rent for 8 months and six months of eco-tourism fee.
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Tasta Arap Sangwe & Partners v Agricultural Finance Corporation [2014] KEELC 268 (KLR)
✦ The plaintiffs have proved their case against the defendant on a balance of probabilities, and an order is issued ordering the defendant to discharge the properties and release the titles to the plaintiffs' representative.