Kenyan case law
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Anne Omollo v Owala Olago [2016] KEELC 898 (KLR)
✦ The court allows the application with costs to the Defendant in any event, and the amended plaint should be filed and served within the next 15 days.
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Ali Gadaffi Hamisi & another v Francis Mulina Mutungu & another [2016] KEELC 897 (KLR)
✦ The notice of motion is dismissed with costs and the interim orders of stay are vacated.
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Lesaan Hardware Ltd v Settlement Fund Trustee & 2 others [2016] KEELC 841 (KLR)
✦ The application for injunction is dismissed as the issue of injunction was resolved in the ruling of 4 October 2013. The application to strike out the suit is also dismissed as the plaintiff's company had less than two members when the suit was filed, but the death of a shareholder does not mean the company ceases to exist.
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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
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Michael Muraya Kirara v County Commissioner Murang’a County & another [2016] KEELC 815 (KLR)
✦ The appeal is allowed, and the lower court's judgment is set aside. Judgment is entered for the appellant as prayed in the plaint filed in the subordinate court.
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Careen Anyango Nyakeno v Elisha Ombujo Tunga [2016] KEELC 735 (KLR)
✦ The Plaintiff's claim discloses a reasonable cause of action and the suit is not res judicata.
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Cecilia Njoki Maina v Beth Mary Kimani [2016] KEELC 847 (KLR)
✦ The appeal is dismissed with costs. The trial court's judgment in all respects was correct.
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Charles Koskei Mereng & 3 others v Twin Constructions Co. Limited [2016] KEELC 834 (KLR)
✦ Application dismissed with costs due to unreasonable delay
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David Kipkoech Kogo v Esther Chesaina & another [2016] KEELC 849 (KLR)
✦ The court dismissed Kogo's application for injunction, finding that he has not demonstrated a prima facie case and that he will not suffer any loss that cannot be compensated in damages.
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Saifudeen Abdullah Bhai & another v Zainab Mwinyi [2016] KEELC 908 (KLR)
✦ The court finds the defendant guilty of contempt and orders her to pay a fine of Kshs 100,000 within 7 days of the ruling. If she fails to pay, she will serve a prison term of one month.
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Jeremiah Kariuki Gitau v Joseph Kangethe Mbugua [2016] KEELC 851 (KLR)
✦ The application is dismissed but no orders as to costs are made.
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Patrick Kundu Wepukhulu v David Malenya [2016] KEELC 853 (KLR)
✦ The Plaintiff's claim is allowed, and an order is given rescinding the agreement of 23/10/2004. The Defendant shall be evicted from the quarter plot.
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Republic v Land Disputes Tribunal, Kipipiri Division & another Ex -Parte Samuel Gachau [2016] KEELC 825 (KLR)
✦ The award of the Land Disputes Tribunal is quashed, and the title issued to the claimant must be quashed and returned to the ex-parte applicant
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Miriam Mbeke Nyamasyo & 2 others v Dishon Odhiambo & 6 others [2016] KEELC 909 (KLR)
✦ The court partially grants the plaintiffs' application by ordering the defendants not to sell or dispose of the suit property pending the hearing and determination of the main suit.
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Rose Wanjeri Magwi & another v Arthur Magwi Kagema & another [2016] KEELC 889 (KLR)
✦ The court found that the applicants have a prima facie case with a probability of success and ordered the 2nd respondent to remove temporary structures erected on the suit property.
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Daniel Leuru Kalasinga v James Kayioni Kaikai [2016] KEELC 828 (KLR)
✦ The court orders the parties to maintain the status quo and directs them to comply with certain terms
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Republic v National Land Commission Ex-parte Holborn Properties Limited [2016] KEELC 941 (KLR)
✦ The National Land Commission exceeded its jurisdiction by issuing public notices for review of grants or dispositions of the suit properties, and the court issues an order of prohibition to restrain the commission from investigating, adjudicating, or reviewing the title deeds or dispositions arising out of the initial allocation and subsequent transfers of the suit properties.
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Katana Kahindi Masha v Karisa Wanje Masha & 2 others [2016] KEELC 939 (KLR)
✦ The Plaintiff's claim is dismissed as he failed to prove his case on a balance of probabilities.
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Jamleck Chomba Mwenje v Muhamed Ngala Mwagandi & 5 others [2016] KEELC 940 (KLR)
✦ The Court finds the 2004 sale agreement to be legally ineffective due to the statute of limitations and the lack of proper representation.
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Boniface Bajabaja Beja v Kitsao Yaa Baya & another [2016 [2016] KEELC 933 (KLR)
✦ The Plaintiff's claim for an injunction is allowed.
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Omar Abdalla Kondo v Josephine Mwikali Kikenye & 2 others [2016] KEELC 394 (KLR)
✦ The court found that the plaintiff had not forged the registration and that the registration of the property in his name was valid. The court dismissed the defendant's counter-claim and ordered the defendant to surrender the title certificate to the court.
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Masjid Kairas (Mosque) & others v Municipal Council of Msa & 3 others [2016] KEELC 914 (KLR)
✦ The plaintiffs have established a prima facie case and the court grants the plaintiffs' prayer to restrain the 4th defendant from advertising, selling, or interfering with the plaintiffs' development on certain portions of the land.
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Margaret Waithira Njihia (Suing as legal representative of the estate of the Late Francis Njihia Gitatu ( Deceased) v County Government of Nakuru & another [2016] KEELC 831 (KLR)
✦ The decision to revoke and repossess the plot was not illegal, unreasonable, or irrational. The respondent was given an opportunity to be heard. The only issue is the need for compensation.
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Mohamed Rafiq Sadik v David Kinyua Mbiko & another [2016] KEELC 937 (KLR)
✦ The application is dismissed as without merit.
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Joseph Kisuko Kimeu v Joseph Wanyoike Muiru [2016] KEELC 749 (KLR)
✦ The Court dismisses the Defendant's application for leave to amend his defence and orders the parties to comply with the previous orders.