Kenyan case law
-
Mary Wanjiku Kiarie & another v Christopher Njoroge Komu & 2 others [2021] KEELC 1187 (KLR)
✦ The court found in favor of the plaintiffs, restraining the defendant from intermeddling with the suit property.
-
John Kirui v Richard Rono [2021] KEELC 1160 (KLR)
✦ The application is dismissed with costs to the appellant/respondent.
-
Mary Nthenya Wambua & 5 others v Muli Ndetei [2021] KEELC 1149 (KLR)
✦ The suit is not sub judice as the issues for determination are distinct and the Magistrate's Court has jurisdiction.
-
Emily Chepkor Chepkwony v Paul Arap Chandoek [2021] KEELC 1153 (KLR)
✦ The preliminary objection is dismissed, and the suit is allowed to proceed.
-
Ndinguri Macharia & 3 others v George Mwangi Kabongo & 2 others [2021] KEELC 1221 (KLR)
✦ The court did not find any merit in the Appellants' motion for a stay of execution and dismissed the application.
-
Mugweru & Co Advocates v Santaben Premchard Shah & 2others [2021] KEELC 1163 (KLR)
✦ The taxation of the bill of costs on 13th October, 2020 is set aside and the advocate client bill of costs dated 9th September, 2019 is remitted back to the taxing officer for re assessment.
-
Ntetia Ene Kortot & another v Williamson Onyancha Gisore [2021] KEELC 1206 (KLR)
✦ The Court finds that the Plaintiffs have a prima facie case of adverse possession and grants an interlocutory injunction pending the hearing of the main suit.
-
Alfred Kipsabul & another v Simion Langat & 7 others [2021] KEELC 1145 (KLR)
✦ The application for a temporary injunction is dismissed with costs to the 1st to 5th Respondents.
-
Judith Achieng Omondo v June Nyaingo Hossei & another; Francis Macharia (Third Party) [2021] KEELC 1060 (KLR)
✦ The court finds no basis to fault the technical officers in the execution of their statutory mandate and adopts the Land Registrar's report.
-
Erastus Kang’aru Wachira v Reuben Kamonji Kang’aru & 3 others; Leonard Wachira King’aru & another (Interested Parties) [2021] KEELC 1207 (KLR)
✦ The court allows the Plaintiff's application to collect and apportion rent, pending the final determination of the suit.
-
Efurieth Irima Mugo v Peter Njiru Mugeki [2021] KEELC 803 (KLR)
✦ The appeal is allowed but the orders sought in it cannot and will not be granted as the raison d’entre for which the orders were sought has ceased to exist.
-
Mariam Yusuf & another v Margaret Wanjiru Ngacha (Sued as the Administratix of the Estate of Ngacha Ndeiya (Deceased) & another [2021] KEELC 1197 (KLR)
✦ The application for leave to amend is allowed.
-
Maroco Properties Limited v Amin Sherali Mawani & 2 others [2021] KEELC 1093 (KLR)
✦ The appeal is dismissed with costs, and the order fixing the appeal for judgment is set aside.
-
David Waithaka Kaguru v Abraham Kipkemboi Kimaiyo [2021] KEELC 1166 (KLR)
✦ The suit was a nullity ab initio and any subsequent orders or proceedings were also null. The Notice of Motion dated 14th May, 2020 is a nullity and no order can be made on the same.
-
Ahmed Chege Gikera v John Maina Mburu & 2 others [2021] KEELC 584 (KLR)
✦ The application is dismissed with no orders as to costs
-
James Cheruiyot Laboso v Reuben Chepkwony [2021] KEELC 1148 (KLR)
✦ The Plaintiff's application is dismissed with costs as the procedure under Order 9 Rule 9 of the Civil Procedure Rules was not followed.
-
Abubakar Salim Machiri v Francis Juma Mutoro & 2 others [2021] KEELC 442 (KLR)
✦ The court finds that Wabululu Mulongo obtained a valid title to the suit land from the family of Zakaria Makaela through the 1st defendant, and the 1st defendant committed fraud by opening two Green Cards.
-
Janet Ngina Nzuki v National Land Commission & 3 others [2021] KEELC 1077 (KLR)
✦ The Court held that the 1st Respondent had jurisdiction to review the grant and make a determination.
-
Maureen Ochieng & 4 others v Nairobi City County Governmen &4 others; Anthony Tom Oluoch & 1001 others (Interested Parties) [2021] KEELC 1053 (KLR)
✦ The Court found that the suit property was allocated to the Church lawfully and that the Church has a valid title to the property.
-
Moses Meibako Ngatuny & 2 others v Peipei Ole Mosoiko [2021] KEELC 1141 (KLR)
✦ The court holds that the intended appeal is arguable and grants temporary injunctive orders against the Respondent pending the hearing and determination of the appeal.
-
Catholic Diocese of Nakuru v Abdi Fatah Ali Hassan & another [2021] KEELC 1127 (KLR)
✦ The plaintiff is the beneficial owner of the land parcel and the certificate of lease issued to the 1st defendant is null and void.
-
Catherine Nyaga & 8 others v County Government of Kiambu [2021] KEELC 1119 (KLR)
✦ The application is dismissed with costs in favor of the petitioners/respondents
-
Amaka Development Ltd v County Government of Taita Taveta [2021] KEELC 1128 (KLR)
✦ The court held that the plaintiff's suit was not caught up by the 3-year limitation period and that the nuisance was a continuing nuisance.
-
Dorcas Wamaitha Munuhe & 3 others v Kagunda Kairu & another [2021] KEELC 1085 (KLR)
✦ The plaintiffs have proved their case against the defendants. The court grants a permanent injunction restraining the defendants from interfering with the parking area reserved for the suit properties.
-
Prairie Cooperative Society Ltd v Kenya Urban Roads Authority [2021] KEELC 1171 (KLR)
✦ The court denied the conservatory orders, finding that the respondent's actions were not encroachment but rather the improvement of an existing road.