Kenyan case law
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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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John Kamakia Nthatu v Festus Kithinji Njagi [2017] KEELC 1447 (KLR)
✦ The application is dismissed as it is predicated upon false evidence and no interim injunction is granted.
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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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Stephen Muteru Kaburu v Haron Muchiri Muteru & another [2017] KEELC 1124 (KLR)
✦ The application to add Humphrey Muteru Kaburu as an interested party is allowed, but he is to be added as a substantive party, specifically the 2nd defendant to the counterclaim. The defendant's application to enjoin the plaintiff and the interested party from selling or dealing with the land parcel until the case is finalized is allowed.
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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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Allan Kamau Gichuhi v Samuel Gichuhi Kimani & 2 others [2017] KEELC 1167 (KLR)
✦ The court dismissed the plaintiff's application to set aside the order made on 20/07/2017 dismissing the plaintiff's previous claims.
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Emily Koech v Zipporah Nyamoita Mwangi & another [2017] KEELC 1226 (KLR)
✦ The court declares the certificate of lease null and void and recalls it for purposes of cancellation.
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Kibugi Mbarire v Stephen Njagi Ireri [2017] KEELC 1502 (KLR)
✦ The appeal is marked as withdrawn and costs are awarded to the respondent.
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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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E M Ngure v District Land Adjudication and Settlement Nyandarua & 2 others [2017] KEELC 75 (KLR)
✦ The court finds that the plaintiff has not proved his case on a balance of probabilities and dismisses the suit with no costs.
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Jack Mathenge Giturwa & another v Citimark Investment Limited [2017] KEELC 1211 (KLR)
✦ The court allowed the application for injunction in terms of prayers 3, 4, and 5.
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Edward Mutuma Mbae v Timothy Kaburu Manyara [2017] KEELC 180 (KLR)
✦ The application for a mandatory injunction is dismissed as the court needs to hear the case on its merits.
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Peter Muriithi Gichohi v Richard Wambugu Gichohi [2017] KEELC 1230 (KLR)
✦ The court stays the previous judgment pending the hearing and determination of the defendant's appeal.
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Lawrence Ndirangu Wahome v Kenya Industrial Estates Ltd & another [2017] KEELC 1353 (KLR)
✦ The application has no merit and is dismissed with costs to the defendants/respondents
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East Africa Ventor Co. Ltd v Agricultural Finance Co-op Ltd & another [2017] KEELC 253 (KLR)
✦ The court found that the defendant did not serve a statutory notice under section 90(2) of the Land Act, and there was no gross undervaluation of the suit properties. The court also found that the respondent's right of statutory power of sale had not yet accrued.
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Kamuthi Housing Co-operative Society Limited v Amos Mbuthia Mukami [2017] KEELC 1195 (KLR)
✦ The Court allows the Plaintiff's application in terms of prayer Four (4), Six (6) and Seven (7) of the Motion dated 20th March 2017, declaring the Plaintiff as the registered owner of the property and ordering the Defendant to stop subdividing the land.
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Esther Muumbi Kwenga v Edward Nyaga Munyambu [2017] KEELC 1416 (KLR)
✦ The appeal is not properly filed in this court and the intimated withdrawal is granted
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David Kamundi Muranga v Charles Njagi Kanga [2017] KEELC 1351 (KLR)
✦ The court ordered the defendant to transfer the land to the plaintiff and directed the Deputy Registrar to execute the transfer instruments if the defendant defaults.
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David Kiogora Kirimania v Miringu Muchai Ikabu & another [2017] KEELC 200 (KLR)
✦ The court allows the replying affidavit to be part of the record due to the non-inordinate delay in filing.
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Kenya National Assurance Co. (2001) Ltd Kencent Holdings v Nelson Marwa Regional Commissioner Coast & 5 others [2017] KEELC 1314 (KLR)
✦ The application is allowed in part, finding the 2nd respondent in contempt and ordering a fine and attachment of his properties.
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Edward Mutuma Mbae v Timothy Kaburu Manyara (Environment & Land Case 296 of 2017) [2017] KEELC 122 (KLR) (17 October 2017) (Ruling)
✦ The application for a mandatory injunction is dismissed. The court orders the plaintiff to ensure that summons to enter appearance are served, and the case can then be heard on its merits.
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Luke Mungania Inebu v Johana M’itabari [2017] KEELC 1373 (KLR)
✦ The court finds that the plaintiff inherited the land from his father and that the defendant's claim of adverse possession is not supported by the evidence.
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Nyanje Mwanbodze Mwanjirani v Anastacia Wanjiku Kamau [2017] KEELC 201 (KLR)
✦ The court finds that the Applicant has not satisfied the conditions for adverse possession and dismisses the suit.
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Janet Towett v John Koech [2017] KEELC 239 (KLR)
✦ The judgment is set aside due to improper service of Summons to Enter Appearance and the absence of a triable issue in the defendant's defence.
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Paradise Safari Park Limited v Attorney General & another [2017] KEELC 1227 (KLR)
✦ The court orders the respondents to produce the documents within 45 days of the order.