Kenyan case law
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Godfrey N Nyaga v Margaret W Theuri & 3 others [2015] KEELC 47 (KLR)
✦ The plaintiff's claim is allowed, and the title held by the 2nd defendant does not enjoy legal protection.
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Grace Akinyi v Gladys Kemunto Obiri & another [2015] KEELC 207 (KLR)
✦ The court finds that the first respondent is the lawful allotee of the disputed land and dismisses the applicant's application for injunction.
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Mohamed Siaka Ali (ThroughMohamed Shaibu Shosi – Personal Legal Representative) v Sunpalm Limited & 3 others [2015] KEELC 814 (KLR)
✦ The court held that the transfer of land parcel Kilifi/Jimba/669 to Sunpalm Limited was fraudulent and illegal, and thus null and void. The court ordered the registration of the suit premises to be declared null and void, the land parcel to be restored to the plaintiff, and the 1st Defendant to vacate the land.
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Yatich Chepkonga & 13 other Members of Kamgoin Village v Chairman, Secretary,Treasurer, Board of Trustees, Baringo Techinical College [2015] KEELC 248 (KLR)
✦ The plaintiffs' suit is struck out with costs to the defendant.
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Francis Kamau Murai & another v Gatundu & Mangu Co.Ltd & another [2015] KEELC 12 (KLR)
✦ The plaintiffs' suit is dismissed as it was filed out of time without leave of court and the plaintiffs lack locus standi against the 2nd defendant. The plaintiffs' amended Notice of Motion is therefore incompetent and dismissed.
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Turere Ole Tayiana v Moses Ting’a Turere [2015] KEELC 254 (KLR)
✦ The application for the joinder of Maasai Springs Water Company Limited as a third party defendant and for the amendment of the plaint was dismissed.
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Geoffrey Mwangi Kihara v Mwihoko Housing Company Ltd & 3 others [2015] KEELC 505 (KLR)
✦ The suit against the 2nd Defendant should be revived and Margaret Muthoni Njenga be substituted for him as his personal representative.
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Jane Wambui Ngeru v Timothy Mwangi Ngeru [2015] KEELC 657 (KLR)
✦ The Court has jurisdiction to hear the Plaintiff's application.
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Vitalis Peter Lukiri v George Odongo Ogwang' [2015] KEELC 584 (KLR)
✦ The Plaintiff has not established a prima facie case for the grant of a temporary injunction.
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Haggai O. Tambo & 4 others v Kesrec Agency Limited & 4 others [2015] KEELC 178 (KLR)
✦ The Plaintiffs' application for extension of time to file a reference out of time is denied
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John Chuchu Muchai v Andrew Njenga & 2 others [2015] KEELC 606 (KLR)
✦ The Plaintiff has established a prima facie case for the grant of temporary and mandatory injunctions.
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Waladi Ahmed v Commissioner Of Lands & 5 others [2015] KEELC 191 (KLR)
✦ The Plaintiff's application is allowed with no orders as to costs.
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Henry Oryem Okello v Sukhdev Singh Laly & another [2015] KEELC 265 (KLR)
✦ The court declines to allow the 1st defendant's application for leave to amend the defence and dismisses the application with costs to the plaintiff.
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William Kiarie Kariuki v Njoroge Kimani [2015] KEELC 718 (KLR)
✦ The Plaintiff is the registered proprietor of the property and is entitled to the protection of the law and the court. The Defendant has no interest in the property and cannot claim ownership by adverse possession.
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William Kipsoi Sigei v Kipkoech Arusei & another [2015] KEELC 13 (KLR)
✦ The court dismissed the appeal and cross-appeal, finding that the appellant did not prove on a balance of probabilities that the disputed plot falls within a Land Control Area and that the sale of the property to the 1st respondent to the 2nd respondent created an implied trust and resultant trust.
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Simon Mounde Onyambu v Agnes Nafula [2015] KEELC 654 (KLR)
✦ The Plaintiff Simon Mounde Onyambu is the legal owner of the suit property. An order of eviction is given against the Defendant Agnes Nafula from the suit land. She is given 3 months to voluntarily move or be evicted without recourse to court.
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Wilfred Gakuya Waweru & Joyce Wambui Mbai suing as the legal representatives of the estate of Jemimah Nyambura Gakuya (Deceased) v Danile Mbocha Ngare & another [2015] KEELC 641 (KLR)
✦ The court denied the application for an injunction, finding that the plaintiff did not establish a prima facie case and that the defendant's title deed was not fraudulent.
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Solomon Mwobobia Nkuraaru v Jacob Mwiti [2015] KEELC 423 (KLR)
✦ The court declines to issue the orders sought for want of evidence of the allegations made against the defendant and directs the suit to be fixed for hearing.
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Ufundi Savings & Credit Co-operative Society Ltd & others v Francis Gitari Ndirangu & 318 others [2015] KEELC 804 (KLR)
✦ The Appellant/Applicant's application for stay of the Award/Judgment of the Tribunal is allowed subject to the direction that the Appellant/Applicant do deposit all rental income from the suit property to the court pending the hearing and determination of the appeal.
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Jane Gachui Mwangi v Nderi Mwaniki & 2 others [2015] KEELC 575 (KLR)
✦ The plaintiff/applicant’s Notice of Motion is dismissed with costs to the defendants/respondents.
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Titus Kiragu & another v Kioriah Njoka (Being Sued As The Administrator Of The Estate Of The Late Njoka Wakioriah) [2015] KEELC 587 (KLR)
✦ The application for amendment of the plaint is allowed
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James Njehuri v Ericson Kenya Limited [2015] KEELC 440 (KLR)
✦ The Plaintiff is awarded Kshs. 50,000 as general damages for trespass, and the Plaintiff shall have the costs of the suit.
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Jemima Wanjiru Kaboro (Suing as Administrator of the estate of Samuel Kaboro) v Eva Kamau [2015] KEELC 145 (KLR)
✦ The Court orders a surveyor from the Department of Surveys of Kenya, in conjunction with Embakasi Ranching Company Limited, to establish the physical locations of the plots in issue and file a report within 60 days.
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James Gichure Kionga v Patrick Njogu Michanjo & another [2015] KEELC 302 (KLR)
✦ The Transition Authority is struck out of the suit, and the plaintiff's claim for a declaration that the plot belongs to him and the nullification of the transfer is allowed.
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Willington Njomo Gichanga v Lucy Wamaitha Kiarie, Samuel Kiarie (for and on behalf of the Estate of Onesmus Mwenje and Phyllis Nyambura Kinyanjui) & another [2015] KEELC 816 (KLR)
✦ The court finds that Gichanga has not established a prima facie case for adverse possession and denies the injunction.