Kenyan case law
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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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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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Ayub Njenga Wainaina & another v John Edward Ngure & 3 others; Stephen Njau Kangethe & 2 others (Interested Parties) [2019] KEELC 1279 (KLR)
✦ The 2nd defendant is found guilty of contempt of court for continuing construction activities on the suit properties during the subsistence of the consent order.
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Loice Moraa Tongi v William Tongi Mogusu & another [2019] KEELC 1175 (KLR)
✦ The court sustains the preliminary objections and orders the applications struck out.
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Elizabeth Wanja Mwangi v Narok County Executive Committee & another; (Applicant/Proposed Interested Party) [2019] KEELC 929 (KLR)
✦ The court allows the application to be enjoined as an interested party and grants the stay of proceedings pending the hearing and determination of the application.
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Samwel Kamaitha Muriuki & another v Kiambu Dandora Farmers Limited & another [2019] KEELC 1202 (KLR)
✦ The court allows the application for a temporary injunction to restrain the 1st Defendant from entering the Plaintiff's property and causing damage.
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Mwinyi Rama Ngwaya v Lenny Mazwell Kivuti & another [2019] KEELC 1204 (KLR)
✦ The application to reinstate the suit is allowed, but subject to the plaintiff paying the costs thrown away.
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Abel Kurura Tinega (suing as the personal representative of Nashon Tinega Kurura, Deceased) v Shadrack Orina Mogeni & 2 others [2019] KEELC 1210 (KLR)
✦ The reports filed by the Land Registrar and the Surveyor cannot resolve all the issues raised in the pleadings, but they affirm the status of occupancies and utilization of the disputed land parcels.
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Ernest Kipkemboi v Jacob Kimutai Kebenei & another [2019] KEELC 1115 (KLR)
✦ The ex parte judgment is set aside and the defendants are ordered to file their defence, statements, and documents within 14 days.
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Lawrence Nginyo Kariuki v Abdulaziz Balala & 2 others [2019] KEELC 1192 (KLR)
✦ The application for injunction is allowed, and the 1st defendant is barred from making any developments on the land parcel 3953/I/MN until the case is heard and determined.
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Rhoda Mongina Ondoro, Thomas Ondoro & Margaret Odoro v Johnstone Nyanyuki Menge (Environment & Land Case 1130 of 2016) [2019] KEELC 1216 (KLR) (23 October 2019) (Judgment)
✦ The plaintiff failed to prove his case on a balance of probabilities and the suit is dismissed with costs to the defendants
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Joel Mugambi Mukira & 2 others (for and on behalf of Kimathi Tenants Welfare Group) v County Government of Nyeri [2019] KEELC 1141 (KLR)
✦ The court granted the Plaintiffs' applications for interim status quo orders, but limited them to the Plaintiffs' houses and until the final determination of the case.
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Beatrice Amta Vogelbacher v Domitila Omodo [2019] KEELC 1224 (KLR)
✦ Application dismissed; appeal stayed pending substitution of deceased respondent or abatement
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Joshua Kinyua Kiarie & another (suing for and on behalf of the estate of Joyce Wamaitha (deceased) v Muiruri Wainaina & another [2019] KEELC 1327 (KLR)
✦ The application is spent and a stay of execution is ordered pending the hearing and determination of the application.
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Samuel Mbuthia Macharia v Beatrice Wangari [2019] KEELC 1103 (KLR)
✦ The court finds that the defendant's failure to transfer the land is a breach of contract, and the only remedy available is a refund of the purchase price.
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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.
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John Wekesa Matafali v Reba Khavere Luteshi [2019] KEELC 1332 (KLR)
✦ The court grants the defendant's counterclaim and orders that the recommendations in the Land Registrar's and County Surveyor's reports be implemented.
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Lawrence Muriithi Mbabu v District Land Registrar, Nyeri & another; John Githui Kinyua (Interested Party) [2019] KEELC 1328 (KLR)
✦ The Petitioner's registration as the proprietor of title No. Nyeri/Ngaringiro/357 is declared constitutionally invalid, null and void. The Registrar of Titles is directed to reverse the entry and re-instate the Petitioner's registration. The Respondents are ordered to compensate the Petitioner for the loss of his land.
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Agnes Moraa Nyangeso & another v Joseph Barongo Monyancha & another [2019] KEELC 1203 (KLR)
✦ The agreement between the 1st defendant and Joseph O. Nyangeso was illegal and unlawful due to lack of authority on the part of the seller. The plaintiffs are the legally authorized persons to deal with the estate of the deceased.
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Edward Mutinda Ndetei & 2 others v Director of Lands and Urban Planning Government of Makueni County & another [2019] KEELC 5017 (KLR)
✦ The application is allowed with the condition that the Applicants deposit Kshs.5,698,123.30/= in an interest earning account within 45 days.
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Chuka Igamba Ng’ombe Development Association v County Government of Tharaka Nithi [2019] KEELC 1309 (KLR)
✦ The defendant's Notice of Preliminary Objection fails to meet the established threshold for a Preliminary Objection and is dismissed with costs.
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Manoj K Shah v Embakasi Youth Jua Kali Self Help Group & 4 others [2019] KEELC 1094 (KLR)
✦ Petitioner's claim for trespass to his property is dismissed with costs to the Respondents
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Ol Kalaou West Farmers Co-operative Societies Ltd v David Kibue Kinyanjui [2019] KEELC 1326 (KLR)
✦ The court denied the application for stay of execution due to the lack of security and the non-compliance with the mandatory legal requirement.
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Michael Waweru Kirubi & 7 others v John Ndudngu Mburu & 14 others [2019] KEELC 1289 (KLR)
✦ The application was compromised, and the Plaintiffs were ordered to maintain the status quo on properties owned and occupied by them.
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Muchiri Ephraim Mwai (Chairman) & 2 others (On their own behalf and on behalf of Members of Mazingira Welfare and Sports Association) v Julius Luka Nanteya & 2 other [2019] KEELC 1155 (KLR)
✦ The Plaintiffs are entitled to a declaration, injunction, and general damages. The Defendants are ordered to vacate the Plaintiffs' properties within 90 days and face eviction if they fail to do so.