Kenyan case law
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Teita Estate Limited v Mnjala Mwaluma & 91 others (Environment & Land Case 103 of 2007) [2021] KEELC 1113 (KLR) (9 November 2021) (Ruling)
✦ The application to dismiss the plaintiff's suit for want of prosecution is granted with costs.
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Bernard Kamau Mbugua v Khimji Karshan Chhabhadia & 2 others [2021] KEELC 1122 (KLR)
✦ The trial court's decision to deny the Appellant an adjournment is upheld, and the appeal is dismissed with costs to the Respondents.
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Patrick Muchiri v Agnes Mumbi [2021] KEELC 1105 (KLR)
✦ The decree for land surveying is enforceable in 2011, and the resurvey was part of the unimplemented part of the decree.
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Samuel Kamau Macharia v Ali Khan Ali Muses & 2 others [2021] [2021] KEELC 1099 (KLR)
✦ The application is misconceived and dismissed with costs.
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Republic v County Government of Mombasa Ex parte Emdund Kirigha Malusha; Fahmi Hussein Swaleh (Interested Party) (Environment and Land Judicial Review Case 10 of 2020) [2021] KEELC 1110 (KLR) (9 November 2021) (Judgment)
✦ The application for Certiorari is dismissed with costs to the respondent
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Diana Amolo Opala v Hurlingham Squatters’ Development & another [2021] KEELC 1109 (KLR)
✦ The court finds in favor of the plaintiff, declaring the suit property as belonging to the plaintiff and issuing a permanent injunction against the defendants for trespassing and entering the property.
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Peter Bongoye Orenge & another v Samwel Omagwa James & 5 others [2021] KEELC 808 (KLR)
✦ The court dismissed the application for interim injunction.
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Peter Mwebi & 10 others v James Safari Kombe & 11 others [2021] KEELC 1117 (KLR)
✦ The application for stay of execution is dismissed with costs.
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Benedict Okoth Owiye & another v George William Onyango & 16 others [2021] KEELC 1104 (KLR)
✦ The case against the defendants is res judicata and the orders sought in the plaint dated 7/06/2013 are declined. Each party shall bear their own costs.
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Adriano Muhindichi Imbisi v Peter Shikunzi Akhura & 2 others [2021] KEELC 1072 (KLR)
✦ The application is dismissed with costs to the first defendant.
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Joshua Lesere Makat & 3 others v Katei Ole Make Daniel (Being sued as the legal representative of Melonyie Ole Nakeel Soloi (Deceased) & 5 others [2021] KEELC 1040 (KLR)
✦ The Plaintiffs lack locus standi to challenge the Agreement for Sale dated 31 October, 1979 between Pulele Markat and Malonyie Ole Nakeel Solai.
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NV Lunar Park Mamba Village v Beatrice Muriithi t/a Redrock Pizzera [2021] KEELC 1070 (KLR)
✦ The appeal is dismissed with costs to the respondent
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Nyabochwa Obiero v Kenya Power and Lighting Company Limited & another [2021] KEELC 950 (KLR)
✦ The court lacks jurisdiction to hear and determine the suit on the grounds that it contravenes sections 6(1), 61(3), 107, 108, and 110(1) of the Energy Act together with Rule 2 and 4 of the Energy (Complaints and Disputes Resolution) Regulations, 2012.
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Amanzee Investments (K) Ltd & 3 others v Manuchar Kenya Ltd [2021] KEELC 1068 (KLR)
✦ The application is granted, and the defendant is ordered to provide access to the suit premises, deliver documents, and extend the time for filing the amended defence.
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Ramadhan Mashua Mavumba v George Kamau [2021] KEELC 1106 (KLR)
✦ The application is dismissed with costs as the appeal is not arguable and would not be rendered nugatory if the stay is not granted.
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Nancy Waithira Mwaniki [The Administrator of the estate of Linah Nyokabi Ngatia – Deceased] v Charles Mwaniki [2021] KEELC 841 (KLR)
✦ The court finds that the Environment and Land Court has jurisdiction to adjudicate the dispute in this suit, which is predominantly about ownership of the suit properties.
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Embakasi East Court Company Limited & another v Nairobi City Water & Sewarage Company [2021] KEELC 1088 (KLR)
✦ The court dismisses the preliminary objection and transfers the matter to the Water Tribunal.
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Delta Connections Limited v Alfred Mwaringa Deche [2021] KEELC 1124 (KLR)
✦ The application is dismissed with costs to the defendant
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Omar Muduza Munga & Idd Ngala v Eliud Mwamunga, Bulkon Builders Limited, OCS Bamburi Police Station, Deputy County Commissioner – Kisauni & OCPD Kisauni (Environment & Land Case 188 of 2018) [2021] KEELC 1108 (KLR) (9 November 2021) (Ruling)
✦ The application is dismissed as the suit raises a reasonable cause of action subject to proof.
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Olelimpaso Saitoti Nkolope v Emmanuel Lekakeny Kayo [2021] KEELC 1045 (KLR)
✦ The application is dismissed with costs to the respondent.
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Nekapi Ene Lekakeny v Richard Memusi Kurraru & 3 others [2021] KEELC 1046 (KLR)
✦ The court has jurisdiction to entertain the suit and the Orders sought are tenable under Judicial Review.
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Reuben Rotich Chelugo v Jerugut Bowen & another [2021] KEELC 1168 (KLR)
✦ The application for review and costs is dismissed.
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Jamal Holdings Limited & another v Ashwin Gidoomal [2021] KEELC 4768 (KLR)
✦ The Respondent has no legal claim in the suit property and the Applicant/Plaintiff has established a prima facie case with chances of success. The Respondent is restrained from entering and/or accessing, trespassing, encroaching or interfering with the Applicants/Plaintiffs' quiet occupation, use and possession of the suit property.
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John Kiptonui Korgoren v Pauline Chelangat Talam [2021] KEELC 1012 (KLR)
✦ The appeal is dismissed as frivolous and an abuse of the court process. The trial court's judgment is upheld.
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David Mututo Mumo v District Land Registrar, Narok North District & another [2021] KEELC 1026 (KLR)
✦ The Originating Summons is struck out with costs.