Kenyan case law
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Charity Wakaguyu Kangote v Grace Muthoni Gatunda & 2 others [2019] KEELC 1080 (KLR)
✦ The plaintiff's suit is res-judicata and is hereby dismissed.
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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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Joseph Karimi Muriuki & another v Margaret Nyaguthii Mbuthi & another [2019] KEELC 1236 (KLR)
✦ The dismissal order cannot be set aside as the law does not provide for such a remedy. The plaintiffs did not express their intention to proceed with the counterclaim when the suit was dismissed.
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Peter Okore Ponge v Mark Odoro Seda [2019] KEELC 945 (KLR)
✦ The Court dismissed the appeal and upheld the previous judgment.
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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.
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Agnes Ochol Ogola & another v Anania Omondi Njero Otundo [2019] KEELC 1249 (KLR)
✦ The application is merited and the suit is hereby reinstated.
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Joyce Michere Githinji v Patrick Ngarariga Wang’ombe [2019] KEELC 1201 (KLR)
✦ The application for stay of execution of the decree is allowed
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John Ngacha Ng’ang’a & another v Catherine Njeri Maranga & 3 others [2019] KEELC 1072 (KLR)
✦ The court will not strike out the defendants' pleadings as it is a discretionary power and the defendants have raised a triable issue of fraud.
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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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Peter Nganga Kimani v Francis Njenga Kamau & another [2019] KEELC 751 (KLR)
✦ The court finds that the respondent is the rightful owner of the land and the appellant has no valid title.
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Estate of Philomen Chepetui (Represented by Joseph Mariach) v Miriam Chemain [2019] KEELC 1195 (KLR)
✦ The application is dismissed with costs as the applicant's application lacks merit and the evidence to support the statements in the affidavit is insufficient.
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Samwel Nderitu & Antony Mbogo t/a Buffalo Auto Lab v Strategic Entrepreneurs Limited & another;Law Society of Kenya (Interested Party) [2019] KEELC 988 (KLR)
✦ The petition is res judicata and an abuse of the court process, and is therefore dismissed with costs to the respondents and the interested party.
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Ruth A. Ogembo v Jagdip Bhangwandas Morparia & another [2019] KEELC 1207 (KLR)
✦ The application is dismissed as it is brought with inordinate delay of approximately 10 months after the judgment.
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Raphael Kibunei Kilach v Kenneth Kiptoo Boit & 4 others [2019] KEELC 902 (KLR)
✦ The suit is time barred due to the expiration of the limitation period under the Limitation of Actions Act. The plaintiff failed to prove the particulars of fraud and did not establish a proprietary interest in the suit land.
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Mary Njoki Mburu & another v Josphat Kamande Kiarie & another;Stephen Harrison Ndungu & another (Interested Party) [2019] KEELC 1235 (KLR)
✦ The Court held that the 1st Defendant obtained title to the land through fraud and illegality.
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Samuel Ngugi Karungu & 2 others v Esther Wangeci Chege Ng’ang’a [2019] KEELC 1079 (KLR)
✦ The plaintiffs are entitled to a portion of the land parcel, but not the entire parcel.
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Cecilia Kadzo Emmanuel (Suing as the Administrator of the Estate of Jonathan M. Karisa (Deceased) v Miriam Chea Mungai [2019] KEELC 1004 (KLR)
✦ The Court held that the Plaintiff is the rightful owner of Plot No. 490 and ordered the Defendant to remove her developments from the land, declare the Plaintiff as the owner, and pay exemplary damages.
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Republic v National Land Commission; Ex-parte Pierre Loporte Limited [2019] KEELC 1106 (KLR)
✦ The Court finds that the Applicant's Notice of Motion is merited and allows the application in terms of prayers 'a' and 'b' thereof.
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Mercy Wamboi Njoroge v Francis Babu Mwangi & another [2019] KEELC 1340 (KLR)
✦ The court grants the application and orders the closure of the joint account, release of funds to the defendant's advocate, and costs of the application.
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Gichuki (Suing as the administrator of the Estate of Gichuki Chege (Deceased) v Mukora & another (Environment and Land Case 929 of 2000) [2019] KEELC 1108 (KLR) (24 October 2019) (Judgment)
✦ The plaintiff acquired the suit property by adverse possession and is entitled to a declaration and registration as the owner.
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Paolo Defano v Oliva Rocco [2019] KEELC 1189 (KLR)
✦ The Court allows the Defendant to amend his pleadings and Counterclaim, but with conditions: payment of half the arrears outstanding as at 31st July 2018 and costs.
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Abdalla Ali Nassir v Wycliffe W. Lukio & another [2019] KEELC 1082 (KLR)
✦ The court orders the status quo to be maintained until the appeal is heard and finalized, with the appellant required to deposit the taxed costs of the lower court case as security.
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Annah Muthoni Ireri v William Njeru Mbogo [2019] KEELC 612 (KLR)
✦ The ex parte judgment dated 19th October 2017 is set aside, and the parties are ordered to file and exchange trial bundles, take a hearing date, and pay costs.
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New Kamwanig Gumba Company Limited v Kiambu Coffee Growers Co-operative Union, Kiambu Thika Sacco Society Limited & District Land Registrar Thika (Environment & Land Case 603 of 2001) [2019] KEELC 1121 (KLR) (Environment and Land) (24 October 2019) (Ruling)
✦ The application is dismissed as the plaintiff has failed to satisfy the court on any of the prayers made in the application.
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Charo Manyule Mangi & another v Tropical Treasure Limited & 2 others [2019] KEELC 1190 (KLR)
✦ The Court finds the purported transfer of the property to be illegal, null and void, and does not confer any proprietary interest upon the 1st Defendant.