Kenyan case law
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Samuel Kipkurgat Soi v Chairman, Aldai Land Dispute Tribunal, John Kipkoech Soi & Land Registrar, Nandi County (Land Case 412 of 2013) [2016] KEELC 1011 (KLR) (1 April 2016) (Judgment)
✦ The court finds that the decision is a nullity due to lack of jurisdiction and procedural irregularities. The plaintiff succeeds in terms of prayers that the award and entire proceedings in LDT No. 34 of 1999 against land parcel Nandi/Chepkongony/472 is null and void.
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Roman Ngelechei v James Korir [2016] KEELC 986 (KLR)
✦ The application is dismissed with costs as the delay in seeking an extension of time is unreasonable and prejudicial to the respondent.
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Annah Wanjiku Kamau v Joseph Kimani Mbugua & another [2016] KEELC 985 (KLR)
✦ The consent judgment is set aside due to fraud and unjust enrichment.
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Kalumass Company Limited & another v Emmanuel Charo Tinga & another [2016] KEELC 1042 (KLR)
✦ The application is dismissed with costs as the court has not delivered a judgment and the Plaintiffs have not met the requirement of Order 42 Rule 6(2) of the Civil Procedure Rules.
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Komo Chege & 6 Others v Joseph Wanjiku Mwangi & 15 Others [2016] KEELC 305 (KLR)
✦ The application for a stay of execution pending appeal is granted subject to certain conditions
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Felistus Muliro Nanjala v Robert Koech & 2 others [2016] KEELC 997 (KLR)
✦ The 1st defendant is found in serious contempt of the court order and is ordered to be imprisoned for a period of 30 days or to pay a fine of Kshs.100,000.
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Kazungu Fondo Shutu & Habel Kahindi Charo v Japhet Noti Charo (Environment & Land Case 172 of 2013) [2016] KEELC 1043 (KLR) (1 April 2016) (Ruling)
✦ The Plaintiffs' Application is dismissed with costs.
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Ananias Nyamu Kirabu v Eric Mugambi & 2 others [2016] KEELC 1047 (KLR)
✦ The Plaintiff's Application is dismissed with costs, and the Defendants' Application is allowed as prayed.
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Oliver Langat Ptallah & 3 others v County Government of Uasin Gishu & 3 others [2016] KEELC 994 (KLR)
✦ The application is dismissed with costs as there is no evidence that the court order was served on the persons responsible at the County Government.
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Diocese of Eldoret Trustees (Registered) v National Land Commission & 2 others [2016] KEELC 982 (KLR)
✦ The court found that the petitioner was not afforded a fair hearing and that the National Land Commission acted unilaterally.
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Jane M Kiano v Chema Ngolenya Mudzi [2016] KEELC 1046 (KLR)
✦ The application to set aside the order of 9th June, 2015 is dismissed as no good reason has been given by the Defendant. The issue of the Defendant's father's entitlement to the suit property is determined in Mombasa HCCC No. 192 of 2008 (os). The proposed Defendants are allowed to file a defence to ascertain their entitlement to the suit property.
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Joseph Ochieng Omondi v Equity Bank Ltd & 3 others [2016] KEELC 987 (KLR)
✦ The application is allowed, and the defendants are restrained from advertising for sale, disposing of, auctioning, transferring, or evicting the plaintiff's property.
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Kadenge Duka Ndege v Zaid Bin Ahmed Bin Said Naji & another [2016] KEELC 1044 (KLR)
✦ The Plaintiff's claim for adverse possession is dismissed, and the Defendant is declared the legal owner of the suit property.
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Constantine J. Kangogo v Festus Rutto Tailem [2016] KEELC 990 (KLR)
✦ The court finds that both parties have competing interests and orders a balance of convenience, restraining both parties from accessing the land until the suit is heard and determined.
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Salim Hussein Dungarwalla v Uzima Press Limited & 2 others [2016] KEELC 1226 (KLR)
✦ The Application is refused and dismissed
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Jepngetich Kiplagat Kisorio v Moraa Mukua [2016] KEELC 1034 (KLR)
✦ The Defendant is in contempt of court and should face the consequences of her breach of the court order.
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Loise Chemutai Ngurule & another v Wilfred Leshwari Kimung’en & 2 others [2016] KEELC 296 (KLR)
✦ The application for stay pending appeal is dismissed as the applicants have not demonstrated substantial loss and the delay in filing the application is unreasonable.
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John Ngugi Gachau v Alexander Ngotho Ngunyi & 7 others [2016] KEELC 306 (KLR)
✦ The application is dismissed with costs
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Joseph Cherutich & 26 others v Korir Kirwa Chepyegon & 5 others [2016] KEELC 258 (KLR)
✦ The application is allowed, and the suit Nakuru CMCC No. 696 of 2014 is moved into this court and consolidated with the second suit.
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Patrick Kariuki Waithaka & another v David Cheruiyot Ronoh [2016] KEELC 1039 (KLR)
✦ The plaintiffs have acquired the disputed plots through adverse possession.
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Moffat Kamau & 9 others v Aelous Kenya Limited & 9 others [2016] KEELC 565 (KLR)
✦ The court held that the scope of the project had fundamentally changed and a new EIA was mandatory.
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Minnie Waithira Ndindiri v Francis Ciera Mbugua [2016] KEELC 1250 (KLR)
✦ The court finds that the Defendant holds a certificate of title which is conclusive evidence of proprietorship and dismisses the Plaintiff's claim.
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Muchanga Investments Ltd v Habenga Holdings Ltd & 9 others [2016] KEELC 1247 (KLR)
✦ The court finds that the Plaintiff has not established a prima facie case with probability of success at the trial.
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Philomena Karimi Kimathi v County Government of Meru [2016] KEELC 1235 (KLR)
✦ The Interlocutory Judgment is set aside and declared void ab initio. The Preliminary Objection is withdrawn and settled.
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Joseph Koskei v Francis Kipngetich Rop & 2 others [2016] KEELC 278 (KLR)
✦ Application for injunction dismissed