Kenyan case law
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Abdul Kadir Shariff v Florence Kathambi Muthuri & another [2019] KEELC 1071 (KLR)
✦ The defendants are not entitled to the prayers sought in the Counter-claim.
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Alice Wangu Mwaniki & another v Milele Ventures Limited; Samuel M. Njau & 22 others (Interested Parties) [2019] KEELC 185 (KLR)
✦ The applications lack merit and are dismissed with costs to the respondents
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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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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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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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Julius Kinyua Nyaga v Njuki Mbururi & 2 others (As Officials of Mbandi Group Ranch) [2019] KEELC 302 (KLR)
✦ The court finds no merit in the Defendants' application for dismissal of the suit for want of prosecution and dismisses the application with no order as to costs.
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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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Republic v National Land Commission & 2 others Ex parte Dakane Abdulahi Ali [2019] KEELC 507 (KLR)
✦ The court dismissed the application, finding that the NLC had the jurisdiction to revoke the Applicant's title and that the Applicant's quiet possession should not be protected.
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Jane Wangari Muraya & 2 others v Kenya Commercial Bank Ltd & another [2019] KEELC 1112 (KLR)
✦ The plaintiffs are allowed to amend their plaint to include a prayer for damages against the bank and to withdraw the suit against the purchaser. The 2nd defendant is not to benefit with costs.
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Bahati Properties v Attorney General & 7 others [2019] KEELC 1096 (KLR)
✦ The court granted a stay of execution pending appeal, but required the applicants to deposit a cash deposit of Kshs. 1,500,000/= within 30 days from the date of the order.
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Maisha Investments Limited v Mohamed Hassanali Alimohamed Jammohamed & another [2019] KEELC 1048 (KLR)
✦ The court finds and holds that the plaintiff has failed to prove its case on a balance of probabilities and cannot be entitled to the reliefs sought. The plaintiff's suit is dismissed, and the deposit of Ksh5,250,000 is refunded by the defendants.
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Dionecia Ciandeke v Ndururu Nyaga [2019] KEELC 1117 (KLR)
✦ The suit is exempted from compliance with Order 11, CPR to facilitate expeditious hearing and determination.
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Isaac Gichia Mbugua & 2 others (suing as Administrators of Moses Mbugua Mwangi alias Mbugwa Mwangi Deceased) v Sammy Kavingo & 3 others [2019] KEELC 1052 (KLR)
✦ An order of temporary injunction is issued restraining the respondents from selling the land and from undertaking any further developments on the property pending hearing and determination of the suit.
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Paul Kipkurui Koskei & another v Stephen Sagiruk & 2 others [2019] KEELC 1215 (KLR)
✦ The plaintiffs are granted a permanent injunction against the 1st and 2nd defendants to stop the road construction through their land.
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Canon Automobile Ltd v Kwale International Sugar Co. Ltd & another [2019] KEELC 1134 (KLR)
✦ The application is not tenable as the applicant cannot seek Third Party proceedings and a counterclaim against the same parties. The applicant is granted leave to amend the defence to include a counterclaim.
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James Kaluko Kyalo v Julius Mwangangi Mulu [2019] KEELC 900 (KLR)
✦ The application is dismissed with costs.
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Joyce Nzisa & 4 others v Amuga & Company Advocates; Registered Trustees Mathare Trades Union (Interested Party) [2019] KEELC 1093 (KLR)
✦ The defendant's notice of motion is allowed, and the suit is struck out.
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Sarah Njuhi Mwenda & another v Luka Njararuhi Kamau & others [2019] KEELC 1043 (KLR)
✦ The contract of sale was lawfully rescinded by the defendants, and the plaintiff is ordered to vacate the property.
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Nyaga Muchiri & Purity Mwathoko v Thomas Njiru Kanyunga , Micheru Kanyunga, District Land Adjudication & Settlement Officer Meru South, Land Registrar, Meru South, Chief Land Registrar & Attorney General (? 4 of 2019) [2019] KEELC 1058 (KLR) (30 October 2019) (Ruling)
✦ The application is dismissed, and exparte orders are vacated. The petitioners are ordered to serve the petition upon the respondents and file written submissions within 21 days, while the respondents are ordered to respond and file written submissions within 21 days.
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Emmanuel Kamoni Kabaki v Emmah Wangari Wangui & 3 others [2019] KEELC 1116 (KLR)
✦ The application for temporary injunction is dismissed, but the status quo is maintained. The application for amendment of the defence is allowed.
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Obadiah Muruja Mugendi v Charles Kabiti Japhet & 3 others [2019] KEELC 1182 (KLR)
✦ The application is dismissed due to unreasonable delay and lack of security for the decree or orders.
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Dalco Trading Centre v Kamaita Imathiu & 3 others [2019] KEELC 1168 (KLR)
✦ The suit should be heard on priority basis
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Esther Cheptanui Chebii & 3 others v Sbi International Holdings (Ag) K & another [2019] KEELC 1119 (KLR)
✦ The court dismisses the application for injunctive orders and vacates the interim orders.
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Allan Njuki Murage & another (Suing as Administrator of the Estate of John Murage Nathan Gtheru v Attorney General & 3 others [2019] KEELC 5089 (KLR)
✦ Leave to file an application for orders of Mandamus and prohibition is granted