Kenyan case law
-
Republic v Director of Land Adjudication and Settlement & 4 others [2017] KEELC 1108 (KLR)
✦ The application is stated to be brought under section 8 & 9 of the Law Reform Act Cap 53 (1) Laws of Kenya.
-
kenya commercial bank limited (formerly Kenya Commercial Bank Ltd) v Stephen Kanyaru & 2 others [2017] KEELC 1068 (KLR)
✦ The Court finds that the Plaintiff is the legal proprietor of the suit land and has absolute ownership, including all rights and privileges appurtenant to it. The Defendants have encroached on the suit land and have constructed permanent structures without any color of right. The Court orders the Defendants to vacate the suit land and remove any structures they have built.
-
Iria-Ini Tea Factory Limited v Johnstone Muchai Muthanga & 5 others [2017] KEELC 1020 (KLR)
✦ The application is allowed as the third party has made up a case for issuance of a third party notice against the intended third party.
-
Richard K. Kuomei v Richard Kigen [2017] KEELC 844 (KLR)
✦ Application dismissed with costs
-
Muia Nguthu v Kinyua Simba & 2 others [2017] KEELC 1210 (KLR)
✦ The Plaintiff’s application is allowed, and the 1st Defendant is restrained from alienating, sub-dividing, selling or placing a charge on the suit property pending the hearing and determination of the main suit.
-
Patrick Kako Kakulu v Mwangangi Kakulu & another [2017] KEELC 1183 (KLR)
✦ The court allows the application for extension of time, finding the delay neither unreasonable nor inexcusable.
-
Margret Erick Omolo v Richard Toby Rusteau & another [2017] KEELC 230 (KLR)
✦ The Court granted the temporary injunction.
-
Douglas Onyancha Omboga & 3 others v Joseph Karanja Wamugi & 5 others [2017] KEELC 1202 (KLR)
✦ The 1st Respondent is a necessary party in the proceedings and the Petitioners' complaint has to be directed to all the named Respondents.
-
Lucy Wanjiku Muku (suing as a Director of Karl Salzmann Limited) v Karl Salzmann Limited [2017] KEELC 234 (KLR)
✦ The Plaintiff's suit is struck out for disclosing no reasonable cause of action and for want of jurisdiction.
-
Lilian Jerobon Kimutai & another v Aron Chirchir & 3 others [2017] KEELC 503 (KLR)
✦ The court has no jurisdiction to entertain the suit and the suit is hereby struck out with costs to the defendants.
-
Joseph Nyakundi Orina v Joseph Ambuka [2017] KEELC 133 (KLR)
✦ The defendant is ordered to stop any further construction on the land and the current status quo is maintained until the case is finalized.
-
Amiral Hassanali Mohammed & another v John Odero Nyaganga [2017] KEELC 1216 (KLR)
✦ The defendant is wrongfully in occupation of the suit property and is not entitled to remain on the land. The plaintiffs are entitled to vacate the property and an injunction restraining the defendant from remaining on or continuing in excavation and construction on the property.
-
Bougainville Estate Limited v Kenya Deposit Insurance Corporation (sued in their capacity as Receiver Managers of Imperial Bank Limited (In Receivership) & 3 others [2017] KEELC 1252 (KLR)
✦ The application is dismissed on the grounds that the Plaintiff has failed to satisfy the court that it has a prima facie case with a probability of success.
-
Joseph Kahuro Kigio v Joseph Kahuro Kigio & 2 others [2017] KEELC 1044 (KLR)
✦ The court finds that the Plaintiff is entitled to an injunction pending the outcome of the suit.
-
Kenya Railways Corporation v Atulkumar Ramanbhai Patel [2017] KEELC 1186 (KLR)
✦ There is inordinate but excusable delay by the plaintiff in prosecuting the matter, and the plaintiff will be given one last opportunity to present their case.
-
Adam Said Jumbe & Merceline Kishaga Buluma v Preston Mwakio Jumbe [2017] KEELC 212 (KLR)
✦ The application is dismissed.
-
Peter Wambugu Gatweku & 2 Others (suing as the Administrators and Legal Representatives of the Estate of the late Mwangi Wambugu v Julius Kinyanjui [2017] KEELC 676 (KLR)
✦ Both applications were dismissed with costs due to non-compliance with conditional orders on filing of submissions.
-
Campus City Limited & 3 others v Gabriel Baraka Thoya & 3 others [2017] KEELC 1253 (KLR)
✦ The application for an injunction is dismissed. The parties are directed to maintain the status quo pending the hearing and determination of the suit.
-
Republic v Land Registrar Kajiado North District ex parte Peter Nkanai Ndumbe [2017] KEELC 1138 (KLR)
✦ The Respondent's decision to register the charge was not a mistake amounting to an injustice against the ex parte applicant
-
Ruth Njeri Kuria, suing through Samuel Kungu Kuria by virtue of the Power of Attorney registered as IP/A 57190/1v Njeri Cucu [2017] KEELC 902 (KLR)
✦ Interest on the refunded amount should start accruing from 28th December 2008, and the Plaintiff is entitled to interest at 30% per annum.
-
Aster Holdings Limited v City Council of Nairobi & 4 others [2017] KEELC 1220 (KLR)
✦ The Plaintiff's suit is not statute barred. The Plaintiff lawfully acquired title LR No. 1870/V/247. The First Defendant did not lawfully acquire title to the suit property capable of being passed to the Fifth Defendant.
-
Lawrence Nyambura Kairu v Moses Kinyuru Gathogu [2017] KEELC 942 (KLR)
✦ The court upholds the report by the Land Registrar and directs the Land Registrar to amend the titles and Registry Index Map.
-
Mati M’murithi v Gitonga Nkobia & 3 others [2017] KEELC 1282 (KLR)
✦ The decision of the Eastern Provincial Committee to revoke the title to parcel No. Kiera/E. Magutuni/1540 and to give separate titles to 7 individuals including the appellant is set aside and in lieu thereof the 7 individuals including the appellant are awarded rights to occupy and work land in terms of the sizes contained in the Eastern Provincial Committees decision.
-
Simon Karuiru Githua & another v James Kahanya Karanja & 2 others [2017] KEELC 1129 (KLR)
✦ Application dismissed
-
Law & Social Development Trust (LASODET) & 3002 others v Attorney General & 12 others [2017] KEELC 1279 (KLR)
✦ The petitioners' suit against the 5th respondent is dismissed with costs for want of prosecution.