Kenyan case law
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Joel Kimutai Tuiya v Mathew Kipkurui Too [2015] KEELC 331 (KLR)
✦ The application for injunction is allowed. The defendant is ordered not to enter, be upon, or develop any structure on Plot No. 79 until the hearing and determination of this case.
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Fredrick Mukabi Kamwati v Bernard Mutembei Bundi [2015] KEELC 785 (KLR)
✦ The suit is dismissed for want of prosecution.
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Wilfred Andy Cheres v Chesimet Arap Korgoren [2015] KEELC 304 (KLR)
✦ The defendant has disobeyed the orders of injunction and is sentenced to 3 months in prison.
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Haji Omari (Suing for and on Behalf of the Estate of Tabu Binti Yusuf also Known as Taabu Yusuf Marigi-Deceased) v Edward Njuguna Kangethe [2015] KEELC 694 (KLR)
✦ The court grants a temporary injunction against the defendant from selling, transferring, or alienating the suit property pending the hearing and determination of the suit.
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Vijay Kant Walia & another v Shalini Dacunha & 4 others [2015] KEELC 596 (KLR)
✦ Service of process will be through an internationally recognized courier company
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Florence Chelangat Langat v Timoi Farms And Estates Limited & another [2015] KEELC 516 (KLR)
✦ The application is dismissed with costs, as the judge finds no merit in the application.
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Evalyne Mande Oloo & another v County Government of Siaya & another [2015] KEELC 84 (KLR)
✦ The application is dismissed with costs
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Rodgers Kabila Mtsonga & another v Japhet Mwangemi & another [2015] KEELC 675 (KLR)
✦ The defendants disobeyed the court order and are in contempt, fined Kshs.50,000 each and ordered to serve a 30-day jail term in default.
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Josephine Sote Kipchumba v Johana K. Kipchumba & another [2015] KEELC 198 (KLR)
✦ The plaintiff acquired the right over the land by operation of the doctrine of adverse possession and the court orders that the trust be dissolved and the property registered in the names of the plaintiff.
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William Ole Nabaala v Attorney Genera & 9 others [2015] KEELC 196 (KLR)
✦ The court found that the 3rd Defendant did not have a good title to pass to the 2nd, 4th, and 5th Defendants or at all before the subdivision of the land into two equal portions could be done and registered.
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Joseph K. Marindich & 4 others v Reuben Yator & 13 others [2015] KEELC 681 (KLR)
✦ The suit is dismissed with costs to the respondents, but the respondents are directed to take a date for their application dated 22/7/2011 within fourteen days from today.
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John Mungai Karua v Muguga Farmers Co-Op Society & 4 others [2015] KEELC 301 (KLR)
✦ The plaintiff's suit is dismissed as there is no merit to the claim. The plaintiff is not entitled to any declaration, permanent injunction, damages, or value of the land. The claim for adverse possession is dismissed as the plaintiff did not sue the title holders.
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Wilson Tanui Barno & 2 others v Jeniffer Kositany [2015] KEELC 684 (KLR)
✦ The defendant's application for an injunction is dismissed. The defendant's application for leave to file a defence out of time is allowed.
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Jesse Muthiga Albert v David Mwaniki Chege & another [2015] KEELC 38 (KLR)
✦ The appeal is dismissed with costs to the respondents.
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Hassan Iddi Malambu suing as the administrator of the estate of Amina Naanyu Malambu v Bestel Agencies Company Ltd & another [2015] KEELC 789 (KLR)
✦ The Plaintiff lacks capacity to sue on behalf of the estate of the deceased in the absence of his co-administrator, Ali Kalela Montet. The suit is dismissed.
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Hellen Nasambu Wanyonyi v Wilberforce Ambwere [2015] KEELC 475 (KLR)
✦ The court finds that the plaintiff, Hellen Nasambu Wanyonyi, is the rightful owner of the land and grants her the requested reliefs.
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Thomas Onserio Okerio v Robina Ngiti Okerio & another [2015] KEELC 633 (KLR)
✦ The court finds that the applicant has demonstrated a prima facie case with probability of success and grants the injunction restraining the second respondent from interfering with the land.
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Wachira Bernard & another v Kihara Kangethe & another [2015] KEELC 746 (KLR)
✦ The Applications are hereby dismissed with no order as to costs.
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Suleiman Murunga v Nilestar Holdings Liimited & another [2015] KEELC 264 (KLR)
✦ The court dismissed the 2nd Defendant's application.
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Jestimore Simwenyi v Samson Sichangi [2015] KEELC 389 (KLR)
✦ The court allows the application to amend the plaint and enjoin the 3rd defendant as a party to the suit.
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Helena Kimoi Chebon v Lina Chepngetich [2015] KEELC 202 (KLR)
✦ The plaintiff is granted an injunction to prevent the defendant from interfering with the property, but the plaintiff is restrained from selling, charging, or encumbering the property.
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John Aguilinda Aradi v Festo Wakhungu Zephania [2015] KEELC 30 (KLR)
✦ The application for withdrawal of notice of motion dated 15.6.2015 is justifiable and the plaintiff/applicant is allowed to withdraw the motion with costs to the defendant/Respondent.
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Fredrick Kathanzu Kavuthi t/a Kanyuni Constructors & another v Al-haiee Investments Limited [2015] KEELC 703 (KLR)
✦ The application is dismissed as the Plaintiffs failed to demonstrate personal service of the court order on the alleged contemnors.
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Esther Wambui Gakiria & another v Mathew Waweru Gakiria [2015] KEELC 758 (KLR)
✦ The judgment of the lower court on the question of trespass is upheld. The general damages for the said trespass is set aside and in its place an award of Kshs. 30,000/= is awarded.
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Fredrick Kivala Nzuki v Allexander Toya Iha & 3 others [2015] KEELC 355 (KLR)
✦ Plaintiff's claim is dismissed as he has not proved his case on a balance of probabilities