Kenyan case law
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Republic of Kenya v Chief Land Registrar Exparte Cimarron Investments Limited [2017] [2017] KEELC 52 (KLR)
✦ The Exparte Applicant is entitled to the orders sought.
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Nizar Hasham Virani v Shamsudin G. Nanji [2017] KEELC 1280 (KLR)
✦ The Defendant is entitled to a half share of the initial 3.8 hectares, and the District Land Registrar is directed to effect the subdivision as appropriate. The Plaintiff is ordered to refund or compensate the Defendant for expenses incurred for 30 years, and the Plaintiff is awarded the sum of Kshs.19,780,000 for management, expenses, and other related relief. The Plaintiff is also ordered to pay costs of the suit and interest on the relief.
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Stanely Mathara Mutiga v Njeru Murugu Ngitung’a [2017] KEELC 1368 (KLR)
✦ The suit is dismissed.
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Nkonge Munyua v Mary Rose Gaaji Nkonge [2017] KEELC 1333 (KLR)
✦ The court finds that there is no appeal properly before this court and declares the matter disposed of.
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Musembi Makau v Willy Mutunga Long’o & another [2017] KEELC 1107 (KLR)
✦ The application is disallowed with costs to abide the event.
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John Mbae M’Iringo v Yusuf Mwongera Mbae & 2 others [2017] KEELC 1378 (KLR)
✦ The caution lodged on Parcel No. L.R. Kiirua/Nkando/4343 be removed forthwith
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Joseph Muruku Njeru v Henry Mutegi Paulo [2017] KEELC 1377 (KLR)
✦ The court finds that there is no appeal properly before this court and declares the matter disposed of.
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Madalina Mwari & another v Jane Kathure Ezekiel [2017] KEELC 1350 (KLR)
✦ The court sets aside the ruling of the trial magistrate and grants the appeal, vacating the eviction orders and condemning the respondent to bear the costs of the suit.
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Patrick Gitonga Githinji v Catherine Karimi Mitheu & another [2017] KEELC 90 (KLR)
✦ The application is merited and the injunction is allowed for a period of 8 months.
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Lena Mbuli Kilonzo v Joshua Mwandikwa & 8 others [2017] KEELC 1059 (KLR)
✦ The application is dismissed as the subordinate courts now have jurisdiction to hear and determine matters relating to environment and land use and occupation.
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Churchil Omondi Owaga v Charles Otieno Ochieng & another [2017] KEELC 1273 (KLR)
✦ The court found that the Plaintiff had established a prima facie case for temporary injunction and that the 1st Defendant's claim to plot 66 Migosi was not supported by documentary evidence.
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Sujo Ildhani v Bashir Watiye Galkena (Environment & Land Case 27 of 2014) [2017] KEELC 105 (KLR) (24 October 2017) (Ruling)
✦ The court declines to have the order of 29.10.14 reviewed and sends the file to the Marsabit Law Court for determination.
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Eliud Karimi Kiambo v David Mwangi Kagwema & another [2017] KEELC 1073 (KLR)
✦ An interlocutory injunction is granted to restrain the defendants from dealing with the suit land and interfering with the plaintiff's possession.
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Jeremiah Kirema v Margaret Kanugu [2017] KEELC 1374 (KLR)
✦ The court finds that there is no appeal properly before this court and declares the matter disposed of.
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Elizabeth Mungaia Kairiba v Nyaga Makembo [2017] KEELC 1331 (KLR)
✦ The court finds that there is no appeal properly before this court and declares the matter disposed of.
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Jacob Oreny Wadawe v Joseph Abong’o Newa [2017] KEELC 1197 (KLR)
✦ The Defendant's occupation of the land is unlawful.
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P.N. Mashru Limited v Castledom Properties Limited & 2 others [2017] KEELC 278 (KLR)
✦ The court directs the file to be placed before Justice A. Omollo to give further directions on the matter.
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Ali Gadaffi & another v Francis Muhia Mutungu & 2 others [2017] KEELC 1254 (KLR)
✦ The appeal is allowed, the Principal Magistrate's judgment is set aside, and the 1st Respondent's suit is dismissed with costs.
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Rose Kambura Muthitha v Joses Miriti Mbugua [2017] KEELC 1358 (KLR)
✦ The court finds that there is no appeal properly before this court and declares the matter disposed of.
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John Bruno Malanga Oloo v Indusrial and Commercial Developmnet Corporation & Ian David Oloo [2017] KEELC 40 (KLR)
✦ The application is allowed, and the applicant is granted leave to amend the plaint and file and serve the amended plaint within 14 days from the date of this ruling.
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Mutahi Mutitu v Frashia Wangui Gicheru [2017] KEELC 1272 (KLR)
✦ The application is dismissed with costs to the respondent.
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M’itwamwari M’mwirichia v M’mungiria M’thura & another [2017] KEELC 265 (KLR)
✦ The application is allowed as drawn, with no orders as to costs.
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Julius Nyaga & another v Charity Kagendo Mutunga [2017] KEELC 1290 (KLR)
✦ The court finds that there is no appeal properly before this court and declares the matter disposed of.
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Michael Nyagwa Otula v Magdaline Aluoch Daudi & 4 others [2017] KEELC 1241 (KLR)
✦ The Court held that the brothers breached trust by sub-dividing the father's land and that the sub-division was not in accordance with Luo Customary Law. The Court ordered the cancellation of the registration of the sub-divided land and its reversion to the father's name.
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Anderson Omondi Owandho (suing as the legal rep. of the Estate of Thomas Owandho Rajwai (Deceased) v Augustinos Ondiek [2017] KEELC 1149 (KLR)
✦ The Plaintiff's suit is dismissed as the claim is time-barred and the oral agreement is not enforceable.