Kenyan case law
-
Daniel Lwambi & 2 others v Penguni Holdings Limited [2016] KEELC 974 (KLR)
✦ The appeal is heard on its merits, the preliminary objection fails
-
Dominic Kangangi Mugo v Joseph Gathure Mugo & another [2016] KEELC 961 (KLR)
✦ The Court found that the Land Dispute Tribunal was not competent to make the orders it did in the previous case, and thus the plaintiff's claims are not res judicata.
-
Purity Muthoni Plein v Mwakondo Juma Mwalimu [2016] KEELC 972 (KLR)
✦ The Court grants a conditional stay of execution with specified conditions
-
Kenya Planters Co-operative Union Ltd v Kenya Co-operatives Coffee Millers Ltd & another (Environment and Land Constitutional Petition 7 of 2015) [2016] KEELC 1317 (KLR) (22 April 2016) (Ruling)
✦ The Court dismissed the petition, finding it to be an abuse of process.
-
Samuel King’ori Kairu v Francis Mwangi Waweru [2016] KEELC 969 (KLR)
✦ The court orders the defendant to remove the semi-permanent home and cease further trespassing on the land.
-
Said Juma Masoud & another v Abdulmajid Said Mahfudh & 3 others [2016] KEELC 973 (KLR)
✦ The court determined that the Plaintiffs and the Defendants are related and that the deceased Asiya bought three portions of land in Maweni, one for the Plaintiffs, her brother, and the third one for her children. The court found that the Plaintiffs' claim to the plot fronting the murram road is valid.
-
Mary Muthoni Kathu v Faith Wambui Ngari (sued in her Capacity as the Legal Representative of Fredrick Kigo Mbogo - Deceased & another [2016] KEELC 959 (KLR)
✦ The plaintiff has not had quiet occupation and possession of the land since 1977. The plaintiff has acquired the land by adverse possession since 1993. The land should be registered in the plaintiff's name. The plaintiff is declared to have acquired the land by adverse possession. The whole of the land should be declared to have been acquired by the plaintiff by way of adverse possession.
-
Julius K. Tuwei v Joseph Birech & 2 others [2016] KEELC 913 (KLR)
✦ The Defendants are entitled to costs and the warrants of arrest cannot be vacated.
-
Arthur I. Shikanga Mulama (Suing On Behalf Of Deborah Chitilwa Amahwa) v Elphas Nandi [2016] KEELC 917 (KLR)
✦ An injunction is issued restraining the Defendant from interfering with the 5 acres until the hearing and determination of the suit.
-
Moses Wanyonyi Wepukhulu v Joshua Kipketer Alapiy [2016] KEELC 912 (KLR)
✦ The Plaintiff has not acquired 3.5 acres of land by adverse possession
-
Charles Luchivya Chanjalia & another v Rita Andeyo Enane & another [2016] KEELC 923 (KLR)
✦ The court finds that the Applicants have demonstrated a prima facie case for adverse possession and that the balance of convenience tilts in their favor. The court grants the injunction.
-
Caleb Onyango Ogado v Judith Atieno [2016] KEELC 975 (KLR)
✦ The Defendant is declared a trespasser on land parcel Kisumu/Kasule/2425 and directed to vacate and give the Plaintiff vacant possession in 90 days. If the Defendant fails to vacate within the time given, she will be forcefully evicted from land parcel Kisumu/Kasule/2425. The Plaintiff will bear his own costs.
-
David Kipkoech Kogo v Esther Chesaina Bedford Pim [2016] KEELC 924 (KLR)
✦ The Originating Summons is res judicata and the application for injunction and prohibitory orders is dismissed with costs to the Respondent.
-
Lawrence Otieno Adoyo v David Otieno Dunya & 4 others [2016] KEELC 977 (KLR)
✦ The court rejects the preliminary objections and allows the Plaintiff's suit to be heard and decided on merit.
-
Nurdin Akasha Abdalla & Another v Yusuf Abdalla & 2 Others [2016] KEELC 1001 (KLR)
✦ The application must fail, and the notice of motion and plaint are struck out with costs to the defendants.
-
Douglas Ngunjiri Waichungo v Paul Lagat & 9 others [2016] KEELC 915 (KLR)
✦ The application for stay pending appeal is dismissed with costs to the Respondent.
-
Cornel Opiyo Osano & 12 others v Synohydro Corporation Limited & 3 others (being sued as officials of Kikako Walfare Association) [2016] KEELC 971 (KLR)
✦ The application is dismissed with costs.
-
Margaret Namalwa Lusweti v Ngorongang Psengo Longolemuk [2016] KEELC 922 (KLR)
✦ The application for stay is granted.
-
Michael Kitiyo v Lucia Njoki [2016] KEELC 929 (KLR)
✦ The application for summary judgment cannot be allowed in the circumstances and is hereby dismissed with costs to the Respondent.
-
Lawrence Talian Naibei v Diffas Cherop Cheptabut [2016] KEELC 920 (KLR)
✦ The sale of the suitland was without the Plaintiff's sanction and there was no credible evidence of an agreement to compensate the deceased's family.
-
Kachimbizi Katana Mwagandi & 384 others v Fort Properties Limited [2016] KEELC 1018 (KLR)
✦ The Application for amendment of the Originating Summons is allowed.
-
In re Estate of Thomas Kipkosgei Yator & another (Decesed) [2016] KEELC 1203 (KLR)
✦ The court finds that the petitioners' concerns can be adequately handled by the court and that the respondents violated the petitioners' right to property.
-
Raphael Mlewa Mkare & 515 others v Agricultural Development Corperation [2016] KEELC 1016 (KLR)
✦ The Plaintiffs are not entitled to the disputed parcel of land.
-
Kamau Thiong’o & 2 others & Mary Wambui Mbugua & 2 others [2016] KEELC 718 (KLR)
✦ The order is set aside, and a temporary injunction is granted to prevent the sale of the land for 12 months.
-
Bahola Mkalindi Rhigho & 9 others v Michael Seth Kaseme & 3 others [2016] KEELC 1015 (KLR)
✦ The court held that the suit property is Trust land and was lawfully allocated by the then County Council.