Kenyan case law
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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.
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Raeli Tapsabei v David Rono [2016] KEELC 858 (KLR)
✦ The court fined the defendant Kshs. 750,000 or ordered him to serve 3 months in jail for disobeying the injunction order.
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Isaac Kipkemboi Chesire, Kimutai Chesire, Isaac Kimutai, Mary Chepkoech Chesire & Jonah Kibiwott Chesire v Joseph Kimitei Kwambai, J M S, Growell Farm Ltd, Land Registrar, Uasin Gishu, Rose Cheruiyot Rono, Henry Barmao, Kibet Kangogo & Kimaiyo Rono (Environment & Land Case 520 of 2012) [2016] KEELC 861 (KLR) (29 April 2016) (Ruling)
✦ The application is dismissed with costs.
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Kiplangat Arap Bartaa v James Kiptoo A. Chepkwony & 4 others [2016] KEELC 854 (KLR)
✦ The interested party, Bhavin Ashwin Gudka, is to be designated as a defendant and not an interested party. The plaintiff is enjoined and orders preserving the titles in issue are given.
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Joshua Kamoing v Simon Barchok & 2 others [2016] KEELC 856 (KLR)
✦ The suit is dismissed as the plaintiff cannot claim the land in his own capacity and the defendants have no capacity to be sued.
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Augustine Kipsang Kiptoo v Cheruiyot Arap Sawe & another [2016] KEELC 875 (KLR)
✦ The court reviews its ruling and extends the time for the application for substitution.
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J WG v M W G [2016] KEELC 727 (KLR)
✦ Decline to exercise discretion and order matter proceeds to hearing expeditiously
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Mathare Quick Service Limited & 7 others [2016] KEELC 752 (KLR)
✦ The Plaintiffs have not established a prima facie case and an injunction cannot issue. The Court dismisses the application.
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Johnstone K. Cheruiyot v Peter Koske & 5 others [2016] KEELC 837 (KLR)
✦ The court awards the plaintiff the sum of Kshs. 456,000 as mesne profits and grants a permanent injunction against the defendants.
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Moses Muturi & 6 others v Silas Yego & 3 others [2016] KEELC 751 (KLR)
✦ The application is dismissed with costs to the Plaintiffs/Respondents.
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Registered Trustees of the African Independent Pentecostal Church of Africa v Arch Bishop Amos Mathenge Kabuthu & another [2016] KEELC 742 (KLR)
✦ The Court dismissed the Plaintiff's applications, finding that the Plaintiff was not the registered trustees of the church and that the Church's Executive Board, including the Arch Bishop, had the authority to make decisions regarding the church's properties.
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Paulina Kikwai Langat v County Government of Bomet & another [2016] KEELC 852 (KLR)
✦ The application is dismissed with costs, and the judgment stands.
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Elijah Kipchirchir v Kipngetich Lelmen & 2 others [2016] KEELC 876 (KLR)
✦ The court finds the land sale agreement valid and binding, but declines to grant an injunction due to the possibility of compensation with damages.
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Aggrey Otieno Wire & another v Linus Wabwire & another [2016] KEELC 11 (KLR)
✦ The application is unmeritorious and dismissed with costs.
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Ali Swaleh Mwangula v Cyril Mansfield & 2 others [2016] KEELC 944 (KLR)
✦ The application to set aside the ex parte judgment is granted, and the defendants are joined as parties to the suit. The judgment is set aside, and the defendants are allowed to defend the suit.
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Bonface Kahindi Katana v Virnekas Mwanaharusi Nihazi & another [2016] KEELC 954 (KLR)
✦ The Plaintiff has demonstrated a good case for adverse possession and is entitled to the land
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Ernest Odhiambo v Peter Gabriel Onyango [2016] KEELC 7 (KLR)
✦ The court denied the application for an interim injunction to prevent the burial of the deceased on the disputed land.
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Muriuki Samson Muriithi & another v James Mwangi Gerald & 4 others [2016] KEELC 958 (KLR)
✦ The court grants leave to file a further affidavit and orders the defendants to file a replying affidavit within 14 days.
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Muriithi Gachewa & another v Francis Mwangi & 2 others [2016] KEELC 962 (KLR)
✦ The interlocutory judgment entered by the court on 25th November 2015 is set aside and the defendants are granted leave to enter appearance and file their defense.
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Moses Ndiritu Njuguna v Tetu Land Disputes Tribunal & 5 others [2016] KEELC 1239 (KLR)
✦ The petition is misconceived and dismissed with costs to the respondents.
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Peter Muriithi Gichohi v Richard Wambugu Gichohi [2016] KEELC 967 (KLR)
✦ The plaintiff's claim is not time barred and the defendant's title is not indefeasible.
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Michael Chole Lugalia (suing as administrator of the estate of Ezekiel Majani Lugalia) v Jonathan Ligure Ayodi [2016] KEELC 911 (KLR)
✦ The court finds that the Defendant is a protected tenant and that the Plaintiff lacks the requisite authority to bring the suit.
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Daniel Masirir v Johnson Lowasireng [2016] KEELC 930 (KLR)
✦ The plaintiff has failed to prove his case to the required standards and the suit is hereby dismissed with costs to the defendant.
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Martha Wairimu Kigamba & 2 Others v Lucy Wanjiru Kisemba & Another [2016] KEELC 927 (KLR)
✦ The Applicants are hereby allowed to enter the suitlands for purposes of harvesting the maize which is on the same, within seven days from the date of this ruling.
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Peris Wanja Cini & another v Paul Muriithi Njau & 4 others [2016] KEELC 942 (KLR)
✦ The court ordered the cancellation of the titles to land parcels MWERUA/KAGIO/5456, 5457, 5458, and 5459 and reconsolidation back into the original title MWERUA/KAGIO/3424 in the joint names of the plaintiffs.