Kenyan case law
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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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Paul Muriungi Gaichu v Musa Njeru Kiraria [2017] KEELC 1348 (KLR)
✦ The court finds that there is no appeal properly before this court and declares the matter disposed of.
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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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Daya Gauri Shantilal Jethvu v Kennedy Nyamwanga & 3 others [2017] KEELC 1074 (KLR)
✦ The Court found that the Plaintiff was not misled by the Defendants regarding the ownership of the land, and there was insufficient evidence to support the allegations of collusion and fraud.
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Kihuba Holdings Limited v Is-Hak Yasin Mohamed & another [2017] KEELC 77 (KLR)
✦ The Plaintiff's Notice of Motion dated 31/10/2016 lacks merit and is dismissed. The 1st Defendant's application dated 13/4/2017 is also dismissed.
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Albert Rugendo & 3 others v Grace Kariuki Mutegi & 2 others [2017] KEELC 1366 (KLR)
✦ The suit is dismissed.
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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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Doki Investment Ltd v Silas Kipchillat & 4 others [2017] KEELC 827 (KLR)
✦ The preliminary objection has merit and is allowed with costs to the defendants. The suit is struck out.
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Peter Mutegi v Leone Kimanti Mugwika [2017] KEELC 1295 (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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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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Joseph Mungathia Kibuthania v Julius Gitonga & 3 others [2017] KEELC 185 (KLR)
✦ The application is allowed, and the temporary injunctions are to remain in force for 8 months.
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Elias Ntwiga v Land Adjudication & Settlement Officer Meru South & 7 others c [2017] KEELC 1444 (KLR)
✦ The application is allowed with costs to be in the cause.
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County Government of Marsabit v Board of Management Badassa Mixed Secondary School & 2 others [2017] KEELC 160 (KLR)
✦ The Court adopted the Consent Order and directed the 1st and 2nd Defendants to identify and allocate an alternate parcel of land measuring 100 acres in Jaldesa for use by the Plaintiff's Department of Agriculture and Livestock. In return, the Plaintiff agreed to transfer Plot No. 60 (the Suitland) from the Department of Agriculture and Livestock to the Department of Education, Science and Technology.
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David Gichuru Mugambi v Julius Mugambi Sadi & another [2017] KEELC 1433 (KLR)
✦ Application dismissed as unmerited
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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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Chepkwony Chelule v Senior Resident Magistrate Sotik Law Courts & 2 others [2017] KEELC 267 (KLR)
✦ The court found the Petition fatally defective and dismissed it.
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John Ndung’u Mwaura & another v John Ndung’u Mwaura & another [2017] KEELC 1161 (KLR)
✦ The applicants' application for eviction at interlocutory stage is dismissed with costs to the respondents.
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Miriam Nthama Mutwiri v Joseph Mungathia Machoki & 2 others [2017] KEELC 38 (KLR)
✦ The consent order is upheld and the parties are ordered to bear their own costs.
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National Land Commission v Estate of Sisiwa Arap Malakwen & another [2017] KEELC 1140 (KLR)
✦ The court finds that the 1st interested party is entitled to compensation and the only issue for determination is the value of the property in dispute.
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Joseph Kimari Guanga v Co-operative Bank of Kenya Ltd (Mumias Branch) & another [2017] KEELC 1367 (KLR)
✦ The Court declared the Bank Charge dated 19th February 2007 null and void and ordered the 1st Defendant to remove the Bank Charge and return the Title Deed to the Plaintiff.
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Kimani Kamau and 4 others, Antonney Ngatia Ndungu & Peter Kahure Ndiritu v Saitoti Ole Mosiro, Land Registrar,Kajiado North District, Chief Land Registrar & Attorney General (Environment & Land Case 441 of 2014) [2017] KEELC 1221 (KLR) (Environment and Land) (23 October 2017) (Ruling)
✦ The first defendant's application for injunctions against the respondents is dismissed with costs. The application for contempt of court is dismissed with costs. The applicants are allowed to join the suit as plaintiffs and an amended plaint shall be filed within 14 days from the date of this ruling.
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Kenyatta University Staff Retirement Benefits Scheme v Athi Water Services Board & 3 others [2017] KEELC 1359 (KLR)
✦ The Court finds that the balance of convenience tilts in favor of the Defendant and therefore disallows the orders sought.
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Presbyterian Foundation PCEA Iriga Parish Iriga Dispensary v Director of Medical Services & 2 others [2017] KEELC 1409 (KLR)
✦ The suit is dismissed for want of prosecution.
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Joseph Munene v Grace Wanjiru Kihika [2017] KEELC 1278 (KLR)
✦ The court dismissed the application as no evidence was provided to prove the existence of a caution.