Kenyan case law

Mwamba M'marete v Julius Muguuku Mwamba [2016] KEELC 1036 (KLR)

✦ The suit is marked as settled, and the parties may not re-litigate the matters settled herein.

Carol Construction Engineers Ltd v Naomi Chepkorir Langat [2016] KEELC 279 (KLR)

✦ The court granted the stay of execution subject to the defendant depositing Kshs.109,500,000/= as security or providing proof that this sum is available for deposit in a joint interest earning account within 14 days.

Simon Peter Maina Njiraini v John Kimani Kairu [2016] KEELC 265 (KLR)

✦ The plaintiff is entitled to an injunction to restrain the defendant from interfering with the suit land until the conclusion of the suit.

Chelimo (Suing as the administrator of the Estate of Josiah Kandie Chelimo - Deceased) v Africa Inland Church of Kenya Trustees & 2 others (Environment & Land Case 67 of 2015) [2016] KEELC 1308 (KLR) (22 March 2016) (Ruling)

✦ The preliminary objection is dismissed with costs.

Kasturi Limited v Nyeri Wholesalers Limited [2016] KEELC 1026 (KLR)

✦ The court grants the application for leave to amend the pleadings.

Dinah Mageto & another v John Kiplagat Kirui [2016] KEELC 284 (KLR)

✦ The court allowed the application for injunction, ordering the defendant not to interfere with the plaintiffs' possession of the land until the conclusion of the case.

Augustine Kipkoech Cheruiyot & another v Haron Ochanda Kabori [2016] KEELC 276 (KLR)

✦ The application for eviction is allowed. The 2nd plaintiff is ordered to vacate the land parcel Nakuru/Kapsita/1068. The applicant is directed to appoint a court broker to execute the eviction order and the Officer Commanding the Elburgon Police Station is ordered to provide security during the eviction exercise.

Charles Mwai Njuki & another v BOG- Kiaruhiu Secondary School & 5 others [2016] KEELC 1041 (KLR)

✦ The court dismissed the appellants' application to set aside the orders, finding that the appellants did not prove their claim to the suit land IRAINI/CHEHE/1392.

Raphael Wandaka v Elizabeth Wambui Mwangi [2016] KEELC 115 (KLR)

✦ The application to amend the defence and include a counterclaim is allowed.

John Silas Puleiy v Jackson Karanja Muhia [2016] KEELC 704 (KLR)

✦ The Plaintiff's suit is struck out and dismissed with costs.

Priscilla Jeruto Kisoso v Kiporot Ole Totona Alias Singo Arap Totona & 3 others [2016] KEELC 229 (KLR)

✦ The defendants in the counterclaim are struck off the case as they have not been served and the time for service has expired.

Priscilla Jeruto Kisoso & Kiporot Ole Totona Alias Singo Arap Totona & 3 others [2016] KEELC 263 (KLR)

✦ The court admitted the defendant's reply to defence and defence to counterclaim and witness statements filed out of time, and directed that the same be served forthwith.

Rahab Mumbi Kimani v Damaris Wanjiku Gachoka [2016] KEELC 1040 (KLR)

✦ The Court issues orders for a visit by the District Land Registrar and the District Surveyor to address the boundary issues, and for the Plaintiff to meet costs incurred by the District Land Registrar and the District Surveyor.

Joseph Gitau Mwangi & Sophia Wanjiru Gitau t/a Trust Opticians v Dhirajlal Juthalal Shah [2016] KEELC 712 (KLR)

✦ The Court finds that the Plaintiff has established a prima facie case and grants a temporary injunction to safeguard his tenancy pending the determination of the suit.

Nairobi City Council v Chhagan Lala Divari w/o Chhagan Lala & Daber Enterprises Ltd [2016] KEELC 1227 (KLR)

✦ The court finds the Applicant has not shown sufficient reason to review its decision and dismisses the application

Angeline Awino Onyango v Lydia Wanjiku & another [2016] KEELC 1228 (KLR)

✦ The Court finds that the Plaintiff/Applicant has not shown a prima facie case with a probability of success and dismisses the Application with costs to the Defendants/Respondents.

John Arap Koech v Ainu Shamsi Automobile & Hardware Limited & 3 others [2016] KEELC 1230 (KLR)

✦ The Application is hereby dismissed with costs to the Plaintiff.

Joseph Njenga Ngarama v Olive Wamuhu Kinyanjui & another [2016] KEELC 295 (KLR)

✦ The disputed property will remain in its current state until the suit is finalized, with neither party allowed to make additional developments or adverse deals with the properties in issue.

Lomolo (1962) Limited v Shadrack K Kimose & 147 Others [2016] KEELC 114 (KLR)

✦ Summary judgment granted in favor of the plaintiff, Lomolo (1962) Limited, and the defendants are ordered to vacate the plaintiff's land within 14 days of service of this order.

Mary Wanjiku Gitagia v Lucy Mwihaki Wa Ngugi & 2 others [2016] KEELC 300 (KLR)

✦ The plaintiff failed to establish a prima facie case for an injunction, and the application is dismissed.

Betty Mukui (Suing as the Administrator of the Estate of Joseph Makori Juma) (Deceased) v Ben Mokaya & another [2016] KEELC 299 (KLR)

✦ The application to amend the plaint is allowed, and the plaintiff is granted leave to amend the plaint.

Betty Mukui & another v Kennedy Osimba & another [2016] KEELC 298 (KLR)

✦ The application to amend the plaint is allowed.

Republic v Chairman Mwea Land Disputes Tribunal & 2 others Ex-parte Judy Njeri Micere [2016] KEELC 1050 (KLR)

✦ The Tribunal's award and the order of the Senior Resident Magistrate's Court are nullities and must be quashed.

Naibor Ajijik Group Ranch v Agriculture Development Corporation( ADC) & 3 others [2016] KEELC 291 (KLR)

✦ The application is allowed, and the petitioners are entitled to stop the burial of the deceased on the suit land pending the hearing and determination of the petition.

Imperial Bank Limited v Moses Waweru Ndungu & another t/a Omondi Waweru & Co. Advocates [2016] KEELC 1049 (KLR)