Kenyan case law
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Mbuthia Mukuru & another v James Gesacho & 3 others [2016] KEELC 285 (KLR)
✦ The application for substitution is allowed, and the suit is revived with the substitution of the applicant for the deceased plaintiff.
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Dr.Szumbah Mwanaongoro & 8 others v National Land Commission & another [2016] KEELC 289 (KLR)
✦ The application for injunction is allowed, and the defendants are ordered not to demolish or interfere with the plaintiffs' properties until the suit is heard and determined.
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Rosebella Jeruno Mudavidi & 7 others v David Kariuki Waiganjo & 4 others [2016] KEELC 290 (KLR)
✦ The application for substitution of the 1st plaintiff is allowed.
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David Matunke Ole Mayone v National Land Commission [2016] KEELC 304 (KLR)
✦ The applicant is granted leave to commence judicial review proceedings for orders of certiorari to quash the NLC's letter dated 9 February 2016.
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Peterson Gichohi & 2 others v Maina Johana Miano alias Joseph Miana Miano [2016] KEELC 1076 (KLR)
✦ The application is allowed as the incoming advocate has obtained leave to come on record in place of the outgoing advocate. The applicants are granted substitution of the deceased as appellant, set aside the abatement order, revive the appeal, and stay execution of lower court orders.
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David Kinisu Sifuna v Marriane Eyase Kisanji & 2 others [2016] KEELC 1089 (KLR)
✦ The preliminary objection is dismissed with costs to the first and second defendants.
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Aegis Limited v Kazungu Ngumbao [2016] KEELC 1128 (KLR)
✦ The Plaintiff's Application is dismissed with costs as the Plaintiff has not shown prima facie that it obtained the consent of the Land Control Board within the requisite period.
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Japheth Ogendo Owuor v Oriental Commercial Bank [2016] KEELC 992 (KLR)
✦ The application is dismissed with costs as the decree appealed from is a dismissal not capable of execution.
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Mohamed Mwarizo Mtingo (suing as the legal representative of the estate of Mwarizo Mtingo Mleka v Ali Gaya Begaya & 11 others [2016] KEELC 1127 (KLR)
✦ The Plaintiff's Application is dismissed with costs.
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Azzuri Limited v Pink Properties Limited [2016] KEELC 1129 (KLR)
✦ The Plaintiff's Application is unmeritorious and is dismissed with costs.
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Eman Kamunya Kithaka v Peter Kinyua Kamunya [2016] KEELC 1118 (KLR)
✦ The court finds that the plaintiff has proved his case against the defendant, and judgment is entered in favor of the plaintiff.
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Rophus Mwangala Nyamawi v Shila Mumbua Makumbi & another [2016] KEELC 1126 (KLR)
✦ The Plaintiff has not established a prima facie cause as against the registered proprietor of the suit property and the suit property is out of reach of the Defendant who had promised to refund the Plaintiff the money paid to him.
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N G v S W M & another [2016] KEELC 1120 (KLR)
✦ The Tribunal had no jurisdiction to determine the dispute or to make the award that it did, and the award is therefore a nullity.
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Mamduh Mohamed Taib v Kilifi County Council [2016] KEELC 1132 (KLR)
✦ Petitioner lacks standing to sue as he is not the registered rateable owner of the plots.
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Daniel Kipkemoi Siele v Kapsasian Primary School & 2 others [2016] KEELC 1134 (KLR)
✦ The appeal is allowed, and the trial Magistrate's order dismissing the application for injunction is set aside. The court orders that no construction be allowed on the disputed site pending the hearing and determination of the suit.
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Gichoni Ngangu & another v Esther Mbandi Kagina [2016] KEELC 1121 (KLR)
✦ The appellants/applicants' Notice of Motion dated 29th June 2015 is dismissed with costs.
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John Kiplagat Tuwei v John Kipserem Kitur (Environment & Land Case 22 of 2012) [2016] KEELC 1010 (KLR) (26 February 2016) (Ruling)
✦ The application is dismissed with costs.
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Harusi Kenga Chai v Abdalla Kagula & 2 others [2016] KEELC 1131 (KLR)
✦ The Court upholds the decision of the 3rd Defendant's Resident's Committee and Chief, ruling that the 1st Defendant should remain as the owner of the disputed plot and the Plaintiff should be compensated for the pit latrine at the rate of Kshs.300 per foot.
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Charles K. Maiyo & another v John Mburu [2016] KEELC 1135 (KLR)
✦ The judgment will stand if the defendant deposits Kshs. 640,000/= per month from November 2010 to February 2016 within 30 days of this ruling.
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Jane Barno & 6 others v Catholic Diocese of Eldoret Trustees Registered & another [2016] KEELC 1005 (KLR)
✦ The application for contempt is dismissed with costs as the plaintiffs have not proved contempt as required by law.
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Republic v National Irrigation Board & 4 others ex-parte Josphat Kariuki Mutuanjara [2016] KEELC 1122 (KLR)
✦ The applicant's Notice of Motion dated 12th September 2014 and filed herein on 15th September 2014 is dismissed.
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Committee Nyakinyua Jogoo Usalama Farm v Joseph K. Mwangi & 17 others [2016] KEELC 1012 (KLR)
✦ The application is dismissed with costs.
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Joseph Njiraini Muriithi v Beth Wanjira Muriithi & 3 others [2016] KEELC 1119 (KLR)
✦ The application is well-merited and allowed. The intended interested parties are enjoined in the proceedings.
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Daniel Chepkwony Bii v Philip Langat & 5 others [2016] KEELC 1133 (KLR)
✦ The plaintiff's suit is res judicata and an abuse of the process of court, and is hereby struck out with costs.
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Nduhiu Kanja v Francis Kanake Wahome [2016] KEELC 1058 (KLR)
✦ The court found that the applicant had been in adverse possession of the suit property for only one year when he was evicted, and thus, did not have sufficient time to establish his claim for adverse possession against the respondent's title.