Kenyan case law

Groover Limited v Isaac Gitoho- Chairman, Peter Mwangi- Vice Chairman, Sanjeev Sharma Committee Member being sued as officers and on behalf of The Runda Association a duly registered association & another [2015] KEELC 255 (KLR)

✦ The court holds that the Plaintiff has not shown the 1st Defendant committed any trespass and thus, no prima facie case with a probability of success has been established to warrant the Plaintiff the grant of the order of injunction.

Fredrick Mburu Ndegwa v Geoffrey Kinya Waruhiu [2015] KEELC 432 (KLR)

✦ The Court finds the interlocutory judgment irregular due to improper service and sets it aside. The Defendant is granted leave to file a defence within 14 days.

Fep Holdings Limited v Jossy Preparatory School Ltd & another [2015] KEELC 519 (KLR)

✦ The court will dispense with the Notice to show cause and direct that the suit await the determination of the civil application.

Francis K. Baya & 2 others v Sammy Mutile & another [2015] KEELC 461 (KLR)

✦ The court will determine whether the Plaintiffs have the legal right to bring the suit and whether the land was acquired with donor funds.

Shamim Begum Ferozedin v Akbar Khan Josab Khan & another [2015] KEELC 33 (KLR)

✦ The Plaintiff's claim is dismissed as not proved

Sibilina Kurgat v Augustine Kurgat & John Kibiwott Maiyo [2015] KEELC 382 (KLR)

✦ The court grants a permanent injunction to restrain the defendants from interfering with the plaintiff's use and enjoyment of her portion of the land and an order compelling the defendants to allow surveyors to enter the land to demarcate and place beacons on the boundaries.

Shamshad Ahmed Mohammed Yakub & another v Rashid Kaluma Okedi & another [2015] KEELC 545 (KLR)

✦ The Defendants were properly served with termination notices and have no justification in remaining on the premises after the termination date. An order of eviction is hereby issued against the Defendants.

Sargo Ngetich & Co Advocates v Sedco Consultants Ltd [2015] KEELC 17 (KLR)

✦ The court grants a temporary injunction restraining the respondent from levying distress for rent against the applicant pending the hearing of this matter by the tribunal.

Silas Sile Sisimwo & another v Susan Moss [2015] KEELC 477 (KLR)

✦ The court finds that the plaintiffs have been in continuous possession of the land since 1992 and their possession was adverse to the title of the defendant's estate.

Eunice Dolly Sande v Siaya County Government & 3 others [2015] KEELC 829 (KLR)

✦ Petition dismissed as an abuse of the court's process

Esther Nzingo v Stephen Juma & another [2015] KEELC 645 (KLR)

✦ The Defendants' preliminary objection is dismissed with costs

Selina Chepkirui Torongei v Emily Chepkoech Tonronei & another [2015] KEELC 290 (KLR)

✦ The application dated 13th May, 2015, is dismissed as there is nobody to move it.

Filippo Fedrini v Ibrahim Mohamed Omar [2015] KEELC 164 (KLR)

✦ The Court finds that the Defendant is not holding the suit properties in trust for the Plaintiff and denies the Plaintiff's request for a refund.

Rosebella Jeptoo Murei & another v Stephen Kibitok Sang & 2 others [2015] KEELC 280 (KLR)

✦ The applicants' application is well founded. The same is hereby allowed with costs to the applicants.

Samuel Kiplangat Namini & 2 others v Town Council of Eldama Ravine & 8 others [2015] KEELC 18 (KLR)

✦ The suit is not res-judicata as the parties are not the same. The judgment entered into by consent of the parties on the 24th of January 2014 is set aside due to public interest. Eldoret E& L 786 of 2012 and Eldoret E& L 518 of 2013 are hereby consolidated.

Gabriel Waweru Ng’anga & another v Samuel Gitau Ng’ang’a & another [2015] KEELC 576 (KLR)

✦ The court dismissed the case due to lack of geographical jurisdiction and res judicata.

Tabitha Wambui Munyao & 7 others v Peter Ngugi Kainamia & another [2015] KEELC 121 (KLR)

✦ The magistrate court did not have jurisdiction in the matter as the subject matter went beyond Kshs. 500,000

Hamisi Mramba Thoya v David Mwangi Muiruri & another [2015] KEELC 268 (KLR)

✦ The application to dismiss the suit for want of prosecution is denied, and the suit is fixed for hearing within 90 days from the date of the ruling, excluding vacation days. The counterclaim is allowed to proceed for hearing.

Kenya Ferry Services Limited v Dock Workers Union (Ferry Branch) [2015] eKLR

Silah Leina Mootian & 4 others v Veronica Njeri Mburu [2015] KEELC 332 (KLR)

✦ The plaintiffs have acquired title to the land parcel Cis-Mara/Olpusimoru/502 by way of adverse possession.

Simhi Azomn v James Maroko Osiemo [2015] KEELC 463 (KLR)

✦ The court dismisses the application with no orders as to costs, and orders the maintenance of the status quo pending the hearing of the suit.

Francis Kimani Kirimira v Chege Macharia [2015] KEELC 535 (KLR)

✦ The court held that the lower court had jurisdiction to enter judgment in terms of the award of the Kigumo Land Disputes Tribunal, but the respondent could not rely on the appeal he filed to frustrate the plaintiff from enjoying the fruits of his judgment.

Evans Mairura Omwenga v Daniel Chebet [2015] KEELC 5 (KLR)

✦ The court reversed the decision of the trial judge on the application and granted a permanent injunction and awarded damages.

John Kariuki Maina v Town Clerk of The Municipal Council of Thika [2015] KEELC 525 (KLR)

✦ The Plaintiff failed to establish that he was dispossessed of the suit plot and cannot claim damages or profit from the sale.

George Ole Sangui & 11 others v Kedong Ranch Limited [2015] KEELC 603 (KLR)

✦ Application for interim stay dismissed