Kenyan case law
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Thomas Nyundo Karisa v Edward Karani [2015] KEELC 87 (KLR)
✦ The Court finds that the Defendant is the registered owner of the land. The Plaintiff's claim of adverse possession is not supported by the evidence.
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Sosten Kipkorir Bett (Suing as the personal representative of the estate of the late Kibet Arap Kiptoo) v Kibor Arap Biego, Irine Bor, Emilly Bor, Viola Kemboi & Jacob Bor [2015] KEELC 29 (KLR)
✦ The application is dismissed with costs as the plaintiff has not satisfied the provisions of Order 45 of the Civil Procedure Rules and the application has no merit.
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Minudi Okemba Lore v Lucy Wangui Gacharua [2015] KEELC 643 (KLR)
✦ The court dismisses the Defendant's Application for a stay of execution of the trial court's order.
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Stephen Kibowen v Agricultural Finance Corporation [2015] KEELC 592 (KLR)
✦ The sale was not illegal, and AFC is obligated to transfer the property to the plaintiff. The plaintiff is the legal proprietor of the suit land.
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Tukero Ole Kina & another v Tahir Sheikh Said (also known as TSS) & 5 others [2015] KEELC 313 (KLR)
✦ The court held that the common law doctrines of accretion and alluvion are applicable in the instant matter, and the Plaintiffs have established a prima facie case with chances of success.
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Francis Githoge Karugu & 21 others v City Council of Nairobi [2015] KEELC 709 (KLR)
✦ The application for joinder is allowed, and the second Defendant is joined as the 2nd Defendant. The Plaintiffs are granted liberty to file and serve an amended Plaint, and the second Defendant is granted leave to file a Defence Statement.
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Fredrick Arap Maritim (suing on behalf of Maritim Arap Boretor) v Elizabeth Chepchirchir & 2 others [2015] KEELC 223 (KLR)
✦ The plaintiff failed to establish a prima facie case and the application for injunction is dismissed.
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John Daniel Muiyuro v Nicodemus Migiro [2015] KEELC 822 (KLR)
✦ The Defendant is found guilty of contempt of court and is committed to civil jail for one month.
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Sylvia Wambui Kuria v Kenya Electricity Transmission Company Limited (Ketraco) [2015] KEELC 21 (KLR)
✦ The plaintiff is non-suited as against the defendant and the defendant's preliminary objection to the suit is reserved.
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Tabarno Busienei & another v Susan Kiprono [2015] KEELC 680 (KLR)
✦ The applicant's claim that the land is her only source of livelihood is not true. The respondents are in possession of the land. The court dismisses the application with no order as to costs.
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Vipingo Beach Resort Limited v Attorney General & 3 others [2015] KEELC 725 (KLR)
✦ The Petitioner is the lawful owner of the suit property and the Respondents' intended action to demolish the development is a breach of the Petitioner's rights.
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Friendrich Peitz & 2 others v Guy Spenser Elms & 3 others [2015] KEELC 825 (KLR)
✦ The court did not grant the orders sought in the application.
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Francis Kiratu & another v Thika Garissa Road Developers Limited & 2 others [2015] KEELC 790 (KLR)
✦ The application is dismissed with costs as Ngugi's claim is against the 1st Defendant and can only be determined after the interest of the 1st Defendant is heard and determined.
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Leah Nyamathira Weru & 2 others v George Gachiri Gitugiri [2015] KEELC 171 (KLR)
✦ The plaintiffs have not established adverse possession and are not entitled to a portion of the suit property.
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Rufus Mbaya v M. Y. Malik T/A Fuji Motors (Nbi) Ltd [2015] KEELC 702 (KLR)
✦ The Application is dismissed with no order as to costs as the relief sought by the Plaintiff/Applicant is for a temporary injunction pending the hearing of BPRT Case No. 219 of 2014, which has been overtaken by events.
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Tegat Tea Factory Co.Limited v Joshua Cheruiyot Sigei [2015] KEELC 586 (KLR)
✦ The plaintiff is the registered proprietor of the land and the defendant is a trespasser.
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Tikoo Ole Sadera & 2 others v James Kamakei Karia [2015] KEELC 455 (KLR)
✦ The application for injunction is dismissed
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Wilson Kiptoo Leitich (Suing In His Own And In His Representatives Capacity As Chairman Nakuru District/County Of Kenya African Nation Union) v Eric Muchai [2015] KEELC 588 (KLR)
✦ The application is dismissed as the plaintiff has not provided any proof of ownership of the suit land and has not established a prima facie case.
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Madzo Mwangolo Henry v James Munga Odondi & 4 others [2015] KEELC 676 (KLR)
✦ The Judge sets aside the order of dismissal and directs that the Notice to show cause be set down for hearing by the Plaintiff within 30 days.
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Webwak Tradelink Ltd v Diamond Trust Bank Ltd & another [2015] KEELC 195 (KLR)
✦ The Application is dismissed as res judicata and an abuse of the court process.
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Wairimu Mwatha Gachihi & another v Milka Wangu Ngure [2015] KEELC 664 (KLR)
✦ The court finds that Ngure Kimotho was registered proprietor of the land in trust for Gachihi Kimotho and the plaintiffs, and orders that the trust be determined by half share of the suit property that is being occupied by the plaintiffs to be registered jointly in their names and the remainder to be registered in the defendant's name.
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Wilson Amuge Lagat v Kiprono Katteberewo & 4 others [2015] KEELC 595 (KLR)
✦ The application is allowed, and the suit is dismissed with costs.
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Ethics & Anti-Corruption Commission v Njuguna Macharia [2015] KEELC 660 (KLR)
✦ The Defendant is restrained from disposing of the suit property pending the hearing and determination of the suit.
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Vincent E. Mukoko v Abdirahman Abdinur & another [2015] KEELC 614 (KLR)
✦ The Court denied the application for consolidation and stay of proceedings.
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Zephania Saul Khisa & another v Evans Mushikani [2015] KEELC 232 (KLR)
✦ The applicants' application for an injunction is dismissed as they have not demonstrated a prima facie case and the suit land has attracted multiple controversies.