Kenyan case law
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Republic v Land Adjudication Officer Tigania Districts;Stephen Mithika M’mauta (Interested Party);Joseck Mitheu Ex-Parte [2019] KEELC 959 (KLR)
✦ The court finds that the decision in Objection No. 214 is invalid due to the absence of a committee as required by the Land Consolidation Act.
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Republic v Chairman Meru Central District Land Disputes Tribunal; Ruth Kanario Riungu (Interested Party) Ex-Parte Martha Nkatha [2019] KEELC 965 (KLR)
✦ The application is dismissed with an order that each party bears its own costs.
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Stephen Njaci Mirara v Jacinta Wambui Waruimbo & another [2019] KEELC 1017 (KLR)
✦ The court finds the applicant’s claim against the first respondent merited, but not against the second respondent. The court declares the applicant acquired adverse possession of the land and orders the first respondent to transfer a portion of the land to the applicant.
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David Mwathi Kibe & 2 others (Suing as the Treasurer, Secretary and Chairlady on their Own Behalf and on Behalf of Twiga Estate Squatters Society) v Mboi-I-Kamiti Farmers Company Limited [2019] KEELC 1145 (KLR)
✦ The court declines to grant the plaintiffs' application for a temporary injunction and orders that the status quo be maintained pending the hearing and determination of the suit.
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M’Inoti Nthai v Naomi Karegi M’Imanyara (Being the legal representative of Elijah M’Imanyara) [2019] KEELC 1040 (KLR)
✦ The court found that the trial court erred in evaluating the evidence and law and that the appellant should bear the costs.
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Edward Rashid Makore & another v China Construction Company [2019] KEELC 294 (KLR)
✦ The appeal is dismissed with costs to the respondent.
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Athman Mponda & 112 others v National Housing Corporation [2019] KEELC 326 (KLR)
✦ The plaintiffs' application to set aside the dismissal order is dismissed with costs to the defendant.
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Roy Properties Limited & another v Attorney General [2019] KEELC 479 (KLR)
✦ The Suit Property was illegally acquired by the Plaintiffs and the 2nd Plaintiff can only recover the sum of Kshs. 134,405/= it paid as stand premium for the Suit Property.
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Mwanauwani Nassir & 8 others v Registered Trustees of Kpa Pension Scheme [2019] KEELC 1153 (KLR)
✦ Court has jurisdiction, no authority annexed is an irregularity that can be cured within 3 days
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PWM v JMM & 3 others [2019] KEELC 1049 (KLR)
✦ The court found that the Plaintiff failed to prove fraud and instead attempted to restructure her case under the Matrimonial Property Act 2013, which is not applicable to this suit.
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Samson Muriita M’inoti v Meru Mwalimu Co-operative Savings & Credit Society Ltd & 2 others [2019] KEELC 1029 (KLR)
✦ The order for dismissal of the plaintiff's suit is set aside and the suit is reinstated for hearing on the merits.
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Rispa Okuta Ajwang v Siprosa Auma Juma [2019] KEELC 881 (KLR)
✦ The trial court lacked jurisdiction to hear the boundary dispute and the order to subdivide and determine the boundary is null.
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Nubian Rights Forum v Nubian Rights Forum; Trustees of Kibra Community Land Trust (Interested Party) [2019] KEELC 1114 (KLR)
✦ The plaintiff has failed to satisfy the conditions for granting a temporary injunction and the application is dismissed.
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David M. Mereka v Kenya Council of Catholic Bishops & another [2019] KEELC 968 (KLR)
✦ The appellant has not satisfied the court that he had a good and sufficient cause for not filing the appeal within time, and the application for extension of time is dismissed.
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Rose Njiru (Acting as the legal representative of the Estate of M’Nceeri M’rutere) v John Nicholas Muthuri [2019] KEELC 1038 (KLR)
✦ The application is allowed, and the judgment is stayed pending the appeal.
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M’mukiri M’mbutura v Simon Gichunge M’rukaria [2019] KEELC 923 (KLR)
✦ The Plaintiff's claim has no merit and is dismissed with costs.
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Martin Njiru Namu & another v Pius Kariuki Njue & another [2019] KEELC 573 (KLR)
✦ The court finds no merit in the Defendants' application and dismisses it with no order as to costs
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Mathew Kariuki Amos v Joseph Kariuki Njiru & 3 others [2019] KEELC 611 (KLR)
✦ The court finds no merit in the appeal and dismisses the appeal with costs to the respondents.
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Penina Nkirote v James M’Itonga Miringa [2019] KEELC 978 (KLR)
✦ The court grants the plaintiff's claim of adverse possession and orders the land to be transferred to her.
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Mahabub Salim & 4others v Eliud Timothy Mwamunga & 2 others [2019] KEELC 152 (KLR)
✦ The application is dismissed with no order as to costs due to lack of proof of disobedience by the 1st Contemnor.
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Philip K.Tanui v Ruth C. Chepngetich & another [2019] KEELC 341 (KLR)
✦ The Plaintiff is entitled to 1/3 share of the suit property and its rental income, and the Defendants are restrained from interfering with the property.
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Mungai Ngaruiya v Land Registrar, Kajiado & another [2019] KEELC 1129 (KLR)
✦ The Plaintiff's application is granted, and he is allowed to amend his Plaint and to issue third party notice to BENJAMIN GACHAGUA NYAGA. The Plaintiff is also allowed to serve the proposed third party notice through the Daily Nation Newspaper.
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Joseph Kuyo Legei v Kuntai Ole Ntusero [2019] KEELC 1053 (KLR)
✦ The period within which to apply for Land Control Board Consent for Sale and transfer is extended for a further 6 months. A permanent injunction is issued to restrain the Defendant from selling the land. The Plaintiff is awarded special damages of Kshs. 100,000.
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Mahmoud Abdalla Mahmoud & another v China City Constructions Co Ltd & another [2019] KEELC 1050 (KLR)
✦ An interlocutory injunction is granted to restrain the respondents from erecting poles, fences, or making structures around or within the suit properties. A mandatory injunction to demolish the wall is declined at this interlocutory stage.
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Republic v Land Adjudication Officer Tigania East & another; Geoffrey M’itabari (Interested Party) Ex Parte Applicants M’ithana M’ithai & another [2019] KEELC 893 (KLR)
✦ The Court allows the motion and quashes the proceedings and decisions made by the 1st Respondent on 20/4/2017 in respect of the suit land in Objection No. 900 and 1758.