Kenyan case law
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Nekeki (NGO) v Transmatresses Limited [2017] KEELC 969 (KLR)
✦ The court finds that the plaintiff has established a prima facie case with probability of success.
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Lucy Wairimu Njau v Nicholas Nguthi Kivinda & 2 others [2017] KEELC 1069 (KLR)
✦ The Plaintiff's notice of motion is allowed, and an interlocutory injunction is granted to restrain the Defendants from forcibly evicting the Plaintiff from the suit property pending the trial.
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Julius Nyaga M. Njenga v Charity Kairu & 5 others [2017] KEELC 1264 (KLR)
✦ The Plaintiff's suit is res judicata and statute barred, and the suit is hereby struck out with costs to the 2nd Defendant.
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Wilson Njagi Njeru v James Kariuki Wallace Chege [2017] KEELC 1267 (KLR)
✦ The Court found that the Plaintiff has been in open, continuous, uninterrupted and exclusive possession of the land parcel since 1975 and has extensively developed it. The Defendant's title to the land parcel has not been extinguished.
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Lucy Njeri Njenga v Gakuo Kimu & 3 others [2017] KEELC 1219 (KLR)
✦ The application to file the appeal out of time is dismissed, and the prayer for a stay of execution of the judgment is also dismissed.
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Bernard Mwai Erasto & 2 others v Dickson Bundi Njagi [2017] KEELC 1187 (KLR)
✦ The Court extended the time for payment of Ksh. 200,000 and extended the stay of execution pending the hearing of the appeal.
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David Mutua Macenge v Regina Kamenge [2017] KEELC 1309 (KLR)
✦ The court finds that there is no appeal properly before this court and declares the matter disposed of.
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Patrick Mukunja Gaichu v Francis Rwanda Mati [2017] KEELC 1328 (KLR)
✦ The court finds that there is no appeal properly before this court and declares the matter disposed of.
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Ann Jebichii Chirchir v Kennedy Kiptoo Samoei [2017] KEELC 1150 (KLR)
✦ The court found in favor of the plaintiff, ordering her to be the absolute proprietor of the land and granting an injunction against the defendant. The defendant was ordered to vacate the land within 45 days or face an eviction order.
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Kiriiro Muketha Kaanja v Kaibiru Kirumba [2017] KEELC 1429 (KLR)
✦ The court finds that there is no appeal properly before this court and declares the matter disposed of.
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Pacificah Kwanboka Kone & another v Justice Masese Mochace & another [2017] KEELC 109 (KLR)
✦ The court finds the contract enforceable and orders specific performance
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Consefuta Kemunto v Dorcas Kwamboka [2017] KEELC 176 (KLR)
✦ The Plaintiff's claim for rectification of the land registration is upheld, and the title to land known as WEST KITUTU/BOGEKA/3950 is cancelled.
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P N M v H N N [2017] KEELC 1163 (KLR)
✦ The land parcel No. GATURI/WERU/[Particulars withheld] is held in trust for the plaintiff and should be equally shared. Other matrimonial properties should be valued and sold with proceeds shared equally between the parties.
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Ntaragwi M’ikara v Jackson Munyua Mutuera [2017] KEELC 163 (KLR)
✦ The court declines to allow the stay application and directs the matter to be heard on priority basis.
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Hassan Kiptoo Kemboi v Equity Bank Limited & another [2017] KEELC 118 (KLR)
✦ The application is dismissed with costs to the defendants.
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Joseph Kimani Gitau v Land Registrar Naivasha & 2 others [2017] KEELC 1120 (KLR)
✦ The plaintiff is declared the legal owner of the suit land, and the title held by the 2nd and 3rd defendants is declared to be forgeries and null and void.
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Elisues Njoka v Murangiri Ngera & another [2017] KEELC 1472 (KLR)
✦ The suit is dismissed.
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Alfred Buore Ngonga v Captain John Omondi Ochieng, Alfred Omondi Adipo, Leah Akinyi Adipo, Francis Adipo Ondeyo & Kisumu County Government (Environment & Land Case 77of 20 of 2014) [2017] KEELC 1233 (KLR) (18 October 2017) (Ruling)
✦ The court has granted the Plaintiff's application for a temporary injunction.
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Serve In Love Africa (Sila) Trust v Abraham Kiptarus Kiptoo,Patrick Kipkogei Kibet & David Kipsang Kipyego (Environment & Land Case 21 of 2017) [2017] KEELC 1300 (KLR) (18 October 2017) (Ruling)
✦ The court finds that the plaintiff has demonstrated a prima facie case and that irreparable harm will occur if the injunction is not granted. The court issues an injunction restraining the defendants from selling, transferring, disposing, or dealing with the land until the suit is heard and determined.
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Macharia Waiguru v Attorney General & 2 others [2017] KEELC 1185 (KLR)
✦ The application is dismissed with costs as the applicant failed to directly link the respondents to the orders alleged to have been disobeyed and the application is statute barred.
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Republic v Land Registrar Kajiado Land Registry & another Ex-parte Applicant Maria Ntinyayian Lieseyo [2017] KEELC 1196 (KLR)
✦ An order of mandamus is granted against the 1st and 2nd Respondents compelling them to remove and/or lift a caution registered by Solomon Tobiko in 2014 against the suit lands.
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Prisca Njoki Chomba & 2 others v Charles Mwangi Chomba [2017] KEELC 1207 (KLR)
✦ The suit has not abated and the application is dismissed with costs to the respondents.
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Michael Otieno Wagunde v Morris Olwal [2017] KEELC 1235 (KLR)
✦ The court finds that the Plaintiff is the absolute and indefeasible owner of the suit land and grants the order of eviction.
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Mugo & Gatungo Limited v Abdulrahman Farah Osman [2017] KEELC 1336 (KLR)
✦ The initial termination notice did not terminate the lease between the applicant and the defendant.
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Lake Quarry Limited & another v Bank of Baroda (Kenya) Ltd [2017] KEELC 1271 (KLR)
✦ The court delivered a ruling in open court on October 18, 2017, granting the temporary injunction and leaving the plaintiffs to further amend the plaint.