Kenyan case law
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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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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.
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Paul J. Opiyo v Judith A. Guserwa [2019] KEELC 1333 (KLR)
✦ The time within which the appellant was to file the appeal is extended up to and including 3rd August, 2018, and the appellant's Memorandum of Appeal dated 1st August, 2018 and filed on 3rd August, 2018 is deemed as having been filed within time. The prayer for stay of execution and the alternative prayers for injunction and security are dismissed.
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Robella Betty Ayode Omaido v Eliphineas Jackson Ekim Omaido & 3 others [2019] KEELC 1257 (KLR)
✦ The application is dismissed with costs as the supporting affidavit does not provide sufficient evidence to support the claim of inadvertent misdiarizing.
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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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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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Augustine Njagi Ngungi v Michael Nthiga Njamburi & 4 others [2019] KEELC 453 (KLR)
✦ The Plaintiff's notice of motion is allowed with costs to be borne by the 3rd Defendant only.
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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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Mary Watiri Mbatho (Legal Representative of the Estate of Charles Mbatho Kamanjara) v Lucy Nyagathere Njunu [2019] KEELC 1107 (KLR)
✦ The Court finds that the lower court had no jurisdiction and the appeal is struck out.
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Ngimu Farm Limited v Attorney General [2019] KEELC 1099 (KLR)
✦ The Plaintiff's claim is dismissed with no orders as to costs.
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James Gichuhi Mutero & another v Lolldaiga Country Homes & Resort Limited & another [2019] KEELC 32 (KLR)
✦ The contract between the Plaintiffs and the Defendants is rescinded, and the Defendants are ordered to refund the purchase price and pay nominal damages.
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Bedford Mutegi Mboani & 4 others v James Mbaka [2019] KEELC 1322 (KLR)
✦ The court finds that the suit is res judicata Chuka ELC No. 110 of 2017 and dismisses the suit in its entirety.
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Nancy Wangui Mungai v Zacharia Kigerah Njoroge & 8 others; Joseph Munyue Gichamba & another (Intended Interested Parties) [2019] KEELC 1160 (KLR)
✦ The application is dismissed as the Intended Interested Parties are merely tenants holding a lease, which commenced after the filing of the suit.
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Athman Said Jiro v Mbwana Mwachalika Mwakisua [2019] KEELC 1023 (KLR)
✦ The court finds that the defendant's title is valid and the Plaintiff is not entitled to the suit property by way of adverse possession.
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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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Parkwood Investment Limited & another v National Environment Manatementauthority & 7 others [2019] KEELC 1186 (KLR)
✦ The court dismissed the appellants' application for temporary injunctions.
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Moses M Kiema v Margaret Muthoni Mugweru, Phanuel M Nzioka, City Council of Nairobi, Attorney General, Tom Oketch & Peter Kamau Nyutu (5th & 6th Defendants are trading as Pet-M-Oketch Auctioneers) (Environment & Land Case 603 of 2008) [2019] KEELC 1120 (KLR) (Environment and Land) (24 October 2019) (Judgment)
✦ The suit is dismissed with costs to the 1st defendant
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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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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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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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Mirko Blaettermann (Suing through his power of Attorney Shabir Hatim Ali) & another v David Mwangi Muiruri & 2 others [2019] KEELC 1242 (KLR)
✦ The application is dismissed. The Plaintiff is given 60 days to conclude his case.
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John Omuse Imukata v Sifrosa Akumu Oburon [2019] KEELC 1237 (KLR)
✦ The application is not res judicata as the magistrate's court is not competent to hear claims for adverse possession. The application is merited and the applicant is granted the prayers with costs.
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Elizabeth Wambui Maina v Beatrice Wangari [2019] KEELC 1247 (KLR)
✦ The court finds the agreement void due to the bank charge and orders a refund of the purchase price to the plaintiff with interest.
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David Mungai & 5 others (Suing as the Registered Trustees of Apostolic Faith Church v Jane Nyambura Joshua [2019] KEELC 1218 (KLR)
✦ The Defendant is directed to grant vacant possession of the portion of the land she occupies on NGONG/ NGONG/ 406 within 90 days from the date hereof, and is restrained from interfering with the Plaintiff's quiet enjoyment of the land.
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Mohamud Iltarakwa Kochale & 5 others v Lake Turkana Wind Power Ltd & 4 others; Aaron Iltele Lesianntam & 4 others ( Interested Parties) [2019] KEELC 1220 (KLR)
✦ The understanding reached by the parties on October 23, 2019, that the hearing of the suit would take place between January 20, 2020, and January 23, 2020, is adopted as an order of the court.