Kenyan case law
-
Tekimamo Company Limited v Julius Gitahi Gichuki [2015] KEELC 428 (KLR)
✦ The Business Premises Rent Tribunal has jurisdiction to hear and determine the dispute, and the current suit is not subjudice the proceedings at the tribunal.
-
Jeremiah Ndung’u Kamutu v Benard Mwangi Kamutu [2015] KEELC 417 (KLR)
✦ The current suit is not res judicata as the previous judgment was made by an incompetent tribunal that lacked jurisdiction over the same issues.
-
Seventh Day Adventist Church (East Africa) Ltd t/a Solace Lifestyle and Wellness Resort v Mario Rashid & 16 others [2015] KEELC 57 (KLR)
✦ The Plaintiff is entitled to a prohibitory injunction against the defendants' unauthorized development of the disputed land.
-
John Njoroge Muinami & 74 others v Kenya African National Union & 3 others [2015] KEELC 792 (KLR)
✦ The court ordered the stay of execution of the restraining orders, set aside the orders against the 3rd defendant, set aside the orders against the 1st defendant, and joined the 4th defendant as a party to the suit.
-
Tabutany C. Chepkwony & 3 others v Alice Cherono Bii & 2 others [2015] KEELC 292 (KLR)
✦ The Judicial Review motion is dismissed with costs to the respondents.
-
Susan Mbeke Kasome & 872 Others v Njiru Ageria Development Limited [2015] KEELC 787 (KLR)
✦ The court finds in favor of the Defendant/Applicant and allows the Application for a temporary injunction.
-
Idow Trading Company Limited v Mohamed Jimale & 2 others [2015] KEELC 786 (KLR)
✦ The court sets aside the dismissal order and reinstates the suit, allowing the plaintiff to proceed on merit.
-
Stanley Munga Githunguri v National Land Commission & another [2015] KEELC 698 (KLR)
✦ The award of Kshs. 155,398,925/- is set aside, and the Commission is directed to issue a reasoned award based on clearly ascertainable criteria.
-
George Emmanuel Kwicha T/A Finishing Point v Michael Shida Kazungu [2015] KEELC 156 (KLR)
✦ The Respondent was found to be in contempt of the court's orders and was ordered to pay a fine of Kshs.100,000 and serve a jail term of 30 days, and to pay the costs of the application.
-
Zacharia Barasa v Dubai Bank Kenya Limited [2015] KEELC 109 (KLR)
✦ The application is dismissed with costs to the Respondent
-
Jamleck Muchira Wanjau v Charles Maina Muriuki [2015] KEELC 430 (KLR)
✦ The court finds and holds that the applicant has made up a case for the discharge of the order of stay of execution and allows the application as prayed.
-
Stephen Michuki Kiunga v County Government of Meru [2015] KEELC 306 (KLR)
✦ The application for interlocutory injunction is allowed, and the Plaintiff is granted temporary injunction to prevent the Defendant from interfering with the suit land.
-
Stephen Kipkorir Kerich & another v David Kiprono Langat & 3 others [2015] KEELC 89 (KLR)
✦ Judgment accordingly
-
George Wachira Iragu & 14 others v Francis Njoroge Gathuru [2015] KEELC 122 (KLR)
✦ The appeal is dismissed with costs. The order that will prevail as the suit is being heard is the order of 5 September 2014 issued by the trial magistrate.
-
Zakaria Muigai Gakibe v John Mwenja Ngumba Sued as Administrator of the Estate of Andrew Kimani Ngumba & 4 others [2015] KEELC 496 (KLR)
✦ The court ruled that the Plaintiff's last witness (PW6) could not produce the letter of offer for the loan facility.
-
In the matter of Mary Wanjiru Mwaniki [2015] KEELC 129 (KLR)
✦ Application dismissed as frivolous, mischievous, and misguided
-
James Kiptoo Chemjor v Simion Kiprotich [2015] KEELC 15 (KLR)
✦ The court finds in favor of the plaintiff, granting a permanent injunction restraining the defendant from trespassing upon and committing trespass activities such as illegal fencing and other development activities in respect of the plaintiff's parcel No. Soy/Soy Block 10(Navillus) 2975.
-
Sylvester Munyalo Makundi v George Mutemi Makundi & 2 others [2015] KEELC 741 (KLR)
✦ The Court has territorial jurisdiction to hear and determine the matter, as the suit was filed in the nearest Environment and Land Court before the establishment of an Environment and Land Court in Machakos High Court.
-
Stephen Mathenge Mwaniki & another v John Nderitu Mathenge [2015] KEELC 34 (KLR)
✦ The plaintiffs' claims are dismissed with costs to the defendant.
-
Itrade Company Limited v Jane Mukami Mwangi & another [2015] KEELC 655 (KLR)
✦ The restriction should be removed and the costs awarded to the Applicant
-
M N W v Z L C [2015] KEELC 203 (KLR)
✦ The defendant is not entitled to any part of the suit land
-
Susan Wangari Mathenyu & 3 others v James Peter Mathenyu & another [2015] KEELC 744 (KLR)
✦ The Plaintiffs have failed to establish a prima facie case with probability of success against the Defendants. The application is hereby dismissed with costs.
-
Kenga Kahindi Jefwa v Kamimi Company (1976) Limited & 13 others [2015] KEELC 158 (KLR)
✦ Application dismissed with costs
-
Isaack K Busienei v Kiprono Ole Kimaiwa & 3 others [2015] KEELC 510 (KLR)
✦ The application for amendment of the plaint is allowed, and the plaintiff is granted leave to amend his plaint. The amended plaint must be filed and served within 14 days, and the defendants are granted leave to file an amended defence within 21 days.
-
Jaguar Petroleum Company Limited v Brighton Foods Limited & another [2015] KEELC 221 (KLR)
✦ The court declines the prayers for review and stays the application, but orders that the hearing proceed de novo.