Kenyan case law
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Jared Ajina Okwach & another v Victoria Achieng Yongo & another [2019] KEELC 813 (KLR)
✦ The court found that the defendants entered into valid and enforceable land sale agreements with the plaintiffs and that the plaintiffs are entitled to the orders sought in the plaint.
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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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Allan Maina v Chief Land Registrar & 4 others [2019] KEELC 1113 (KLR)
✦ The court dismissed the petition as there was no evidence to infer fraudulently and illegally presented conveyance to register the Respondents as owners of the parcels.
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Kagwe Tea Factor Company Limited v Grace Jelat Kipchoim & 83 others ; Kenya Forst Service and 3 others (Interested Party) [2019] KEELC 1076 (KLR)
✦ The court had jurisdiction to interrogate the legality of the title and the suit was not an appeal for setting aside the decision of the High Court in Civil Case No. 413 of 2017.
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Laikipia University College v Registered Trustee of Child Welfare Society [2019] KEELC 5091 (KLR)
✦ The court allows the Plaintiff's application to adduce the proposed additional evidence, but the Defendant is given the opportunity to cross-examine the new evidence.
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Albert Mburu Karinga v Peter Mambo Karinga & another [2019] KEELC 1044 (KLR)
✦ The appeal is successful on the ground that the trial court failed to properly address the issue of service of summons.
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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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Elijah Kogi Gichaga & another v Samuel Munyua Gichaga [2019] KEELC 1098 (KLR)
✦ The Plaintiffs' claim for a constructive trust is dismissed, and the Plaintiffs are granted an injunction to vacate the disputed land.
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Rashid Abdulrehman Khator & another (as administrators of the Estate of Tima and Fatuma children of Ali Bashir (Deceased) v Idha Marie Ahmed & 2 others [2019] KEELC 424 (KLR)
✦ The court declared that the 2/3 undivided share of Plot 1738 of section VI Mainland North is registered in the name of the Plaintiffs for the benefit of the heirs of the estates they represent. The 1st Defendant is a trespasser upon a portion measuring 2/3rd of the plot and ordered to be evicted.
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Ekirapa & 9 others (Suing on Behalf of Themselves and the Parents Association (School Committee) of Aga Khan Primary School, Nairob) v Aga Khan Foundation & another (Environment and Land Case 455 of 2008) [2019] KEELC 509 (KLR) (28 October 2019) (Judgment)
✦ The court directs the Defendants to convene a meeting within 60 days of the date of this judgment, under the direction of the Cabinet Secretary responsible for matters relating to basic education and training, to find a workable manner of managing the School within the standards prescribed by the Basic Education Act, 2013 and to the satisfaction of the successor in office of the Director of Education.
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Pelis Muthoni Wambugu v Benard Kanjau Ngamau [2019] KEELC 1183 (KLR)
✦ The court found in favor of the Plaintiff on the first issue, declaring that the whole parcel of land belongs to the Plaintiff. The court dismissed the second and third issues, and ordered the parties to seek rectification of the survey map and records from the Land Registrar.
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Flora Impex Limited v Kenya Rural Roads Authority & 2 others [2019] KEELC 543 (KLR)
✦ Application dismissed with costs ordered
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Joseph Kasyo Kareiya v Pj Dave Flowers Limited & 3 others [2019] KEELC 1258 (KLR)
✦ The suit is not statute barred and the Court has jurisdiction to entertain the suit.
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Ntara Ole Oloibor v Musana Ole Masoi [2019] KEELC 1144 (KLR)
✦ The Plaintiff is the absolute owner of the land Trans Mara/Kimintet/490 and the Defendant is ordered to vacate the land within 60 days.
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Mnang’at Stephen Pamba & another v James Mariach Kokita & another [2019] KEELC 1252 (KLR)
✦ The order made on 5/2/2018 and all other consequential orders should be set aside and the suit against the 1st defendant revived and reinstated for hearing
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Kevin Kiviasi Kezengwe v Mungai Wachira [2019] KEELC 1229 (KLR)
✦ The notice of motion dated 13/8/2019 is incompetent and the application is dismissed with costs.
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MJB v GWM [2019] KEELC 1260 (KLR)
✦ The application for a temporary injunction is granted.
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Japheth Nzila Muangi v Minister for Land And Environment of County Government of Mombasa & another [2019] KEELC 291 (KLR)
✦ The application to amend the order is allowed, but costs are awarded to the respondent.
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John Otieno & 299 others v Teresia Wairimu Kirima & another [2019] KEELC 1081 (KLR)
✦ The application is dismissed with costs as the applicant has not demonstrated that it is a necessary and proper party and the joinder would delay the disposal of the suit.
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Peter Kahenya Kinyanjui & 5 others (Suing as officials of Ebenezer Welfare Association & Plainville Association) v David Wanyoike & 3 others [2019] KEELC 1065 (KLR)
✦ A temporary conservatory injunction restraining the 1st Defendant/Respondent from further construction works was granted.
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Teresia Mabuti Njagara v Njagara Ngure [2019] KEELC 1232 (KLR)
✦ The court finds the application merited and allows the amendment of the decree as prayed for.
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Jane Wanjiru Chege v Commisioner General of Prisons & 2 others [2019] KEELC 1086 (KLR)
✦ The Court finds that the Petitioner is entitled to General Damages of Kshs.500,000/= plus costs of the Petition.
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Mary Wangu & 4 others v Muriithi Rucathi & another [2019] KEELC 1011 (KLR)
✦ The appeal is dismissed with costs
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Bendele Gachiri Kamau v Githinji Karuku Ngondi & another; Grace Mary Muthoni Kariuki (Intended Interested Party) [2019] KEELC 1239 (KLR)
✦ The applicant is allowed as a defendant instead of an interested party.
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Dickson Opola Okumu v Tom Odhiambo Odari & another [2019] KEELC 1286 (KLR)
✦ The application to stay execution of the judgment and set it aside is dismissed.