Kenyan case law
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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.
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Republic v CS Ministry of Petroleum Mining & 4 others Ex-parte Muthoni Kihara & another [2019] KEELC 927 (KLR)
✦ The Court finds that the issues raised in this case are not res judicata and that the doctrine of res judicata does not apply to judicial review proceedings.
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Kisingu Kinyili v Gerald Musangi [2019] KEELC 1148 (KLR)
✦ The Plaintiff's Notice of Motion is dismissed with costs due to lack of a prima facie case.
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Simon Njagi Njoka v James Gatimu Muriithi, Leonard Muriithi Marithuku, Johnson Chege Mwangi, Gatimu Kanyi, Joseph Muriuki Gatimu & Fausto Mwai Gatimu (Environment & Land Case 414 of 2013) [2019] KEELC 1109 (KLR) (18 October 2019) (Ruling)
✦ The application is allowed with costs to the applicant.
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Nancy Wairimu Njau & another v Joseph Okemwa Ontweka & 2 others [2019] KEELC 1139 (KLR)
✦ The current application is res judicata and is dismissed with costs.
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London Distillers (K) Limited v Mavoko Water & Sewerage Company & 2 others [2019] KEELC 1097 (KLR)
✦ Preliminary Objection is allowed; Annexture MM1 and MM2 are expunged from the record.
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Seif Said Busaidy & another v Board, Likoni Constituency Development Fund [2019] KEELC 943 (KLR)
✦ The Plaintiffs are entitled to a permanent injunction, Kshs.100,000.00 as general damages for trespass, and costs and interest.
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Alex Muriithi Kangangi v Eunice Wanjira Ngatu (sued in her capacity as the Legal Representative of the Estate of Late Geoffrey Ngatu Githethuki) [2019] KEELC 1136 (KLR)
✦ The application is dismissed with costs
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Matheka Nzalu v Mary Nthenya Matheka & another [2019] KEELC 1045 (KLR)
✦ The Plaintiff is the rightful and legitimate owner of the 55x60 feet plot in Donyo Sabuk.
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Magutu Electrical Services Limited v Miriam Nyawira Ngure & another [2019] KEELC 1105 (KLR)
✦ The Plaintiff is not properly before the court due to the lack of a Letter of Authority from the Plaintiff's Board of Directors authorizing PW1 to plead on behalf of the Plaintiff.
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Mutinda Musila v Francis Musee Thengi & 2 others [2019] KEELC 1130 (KLR)
✦ Petition dismissed with costs
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Peter Ndekei Muhia v Charles Njoroge Kimani & another [2019] KEELC 1073 (KLR)
✦ The Court finds the Respondents properly acquired the title to the suit property and the Appellant's title is suspect. The trial court's judgment is upheld.
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Clive Mutiso & another v Mitundu Holdings Limited [2019] KEELC 1185 (KLR)
✦ The court finds in favor of the Plaintiffs, dismissing the Defendant's counterclaim and ordering the Defendant to refund the Plaintiffs the sum of Kshs. 780,000/= plus interest at 19% from the date of filing suit, that is 31/5/2002 until payment in full.
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Peter Mwangi Kimani & 38 others v Virginiah Wairimu Njoroge t/a Mwoke United & 4 others [2019] KEELC 1068 (KLR)
✦ The Court finds that the Plaintiffs are entitled to an Order of Specific Performance upon payment of Kshs.5,000/= for title deeds and any other statutory payment.
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Edwin Omori India v Sarafina Wanjiku & another [2019] KEELC 1138 (KLR)
✦ Plaintiff's claim is allowed, and Defendants are ordered to be evicted and demolish illegal structures
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Lucy Wanjiru Murimi & 2 others v Josephine Wairimu Githinji [2019] KEELC 1245 (KLR)
✦ The court finds the doctrine of res-judicata to be sound and enters judgment for the plaintiffs
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Peter Kimani Irungu & another v Justus Njuguna Wainaina [2019] KEELC 1125 (KLR)
✦ The court declines to direct Mugambi & Kariuki and Company Advocates to procure consents, pay stamp duty, or register the title over Nakuru/Moi Ndabi/584 in favor of the Plaintiffs. The Plaintiffs have failed to prove their claim to the suit land and the court declines to make the determinations framed by the Plaintiffs in the originating summons.
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Republic v National Environment Tribunal;National Environment Management Authority & 4 others (Interested Party) Ex parte Edermann Property Limited [2019] KEELC 1143 (KLR)
✦ The application is dismissed with costs.
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Presbyterian Foundation v Stanley Chege & another [2019] KEELC 1118 (KLR)
✦ The Court finds that the Plaintiff has a valid title and is entitled to a permanent injunction, vacant possession, and general damages. The Defendants' counterclaim is dismissed.
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Roda Adhiambo Omollo (Administrator Ad Litem of the estate of Martin Mbuya Adero) v Judith Atieno Ochiel & another [2019] KEELC 1349 (KLR)
✦ The court reinstated the suit and ordered it to be heard on its merits.
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Kahawa West Jubilee Investment Ltd v James Gitau & another [2019] KEELC 1046 (KLR)
✦ The Plaintiff has proved his case on a balance of probability, and the Plaintiff's claim for permanent injunction and eviction order is allowed.
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Republic v National Environment Tribunal; National Environment Management Authority & 4 others (Interested Parties) Ex-parte Edermann Property Limited [2019] KEELC 1092 (KLR)
✦ The ex-parte orders granted by the court on 12th September, 2019 are set aside in their entirety.
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Samjay Varma & Others v Jackson Eshiwani Likoye & 7 Others [2019] KEELC 1388 (KLR)
✦ The Plaintiffs' application to call PW3 and testify without a statement is dismissed
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Makuyu Club v Kakuzi Limited [2019] KEELC 1132 (KLR)
✦ The Plaintiff's claim of adverse possession is not established as the Plaintiff's use of the land has not been continuous, exclusive, or without the Defendant's permission.
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Rahab Muthoni Mbatia v Job Karanja Ngugi & 2 others [2019] KEELC 967 (KLR)
✦ The court finds that there was a marriage between the Plaintiff and the 1st Defendant, and that the Plaintiff has spousal interest in the land.