Kenyan case law
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Lucas Sasati Nyareru v Osinyo Mochumbe Meroka & another [2021] KEELC 1125 (KLR)
✦ The court granted the stay of execution pending appeal
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Bonface Odhiambo Odira v Sipriano Odira Mwai & another [2021] KEELC 732 (KLR)
✦ The court grants the application for a stay of execution of the trial court's judgment pending the hearing and determination of the appeal.
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Monata Matiko Chonchorio v John Marwa Chabaro [2021] KEELC 1159 (KLR)
✦ The application is dismissed with costs to the respondent.
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Cosmas Cherono & 2 others v Veronica Cherono [2021] KEELC 1236 (KLR)
✦ The Plaintiffs have established adverse possession over the two acres portion of the land parcel where their late mother was settled by the late Joseph Rutto Cherono. The Defendant is directed to apply for and obtain the necessary consents to subdivide and transfer the two acres of the suit land to the 1st plaintiff within six months.
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Pamela Mukomunene Ndegwa v Harun Ndubi Rimberia [2021] KEELC 1189 (KLR)
✦ The appeal is allowed with costs to the appellant, and the cross appeal is struck as being out of time.
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Maureen Ogolla Ong’any v Tom Odago Opiyo [2021] KEELC 1123 (KLR)
✦ The appeal was dismissed, and the trial court's judgment was upheld.
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Kent Estates Limited v Zakaria Gathoga Ndungu [2021] KEELC 1167 (KLR)
✦ The court declines to grant the Plaintiff's application for removal of the Defendant's excavator machine and Tipper Lorry and a temporary injunction. The court stays the Plaintiff's suit pending the determination of the Defendant's suit in ELC No. 7 of 2012.
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Pamela Awuor Ochieng & another v Elisha Odari Ogony [2021] KEELC 1075 (KLR)
✦ The court finds and holds that the applicants have satisfactorily proved that they are likely to suffer substantial loss unless orders for stay of execution are granted.
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Paul Mutuku Kitaka v James Pius Mutinga [2021] KEELC 1175 (KLR)
✦ The preliminary objection has no merit and is dismissed with costs to the Plaintiff.
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Joshua Masila Malombe v Cosmus W. Malombe & another [2021] KEELC 1135 (KLR)
✦ The Plaintiffs Notice of Motion dated 22nd January 2020 lacks merit and is hereby dismissed with costs to the 1st Defendant/Respondent.
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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.
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Lengur Ole Sairi v County Government of Kajiado & 8 others [2021] KEELC 1130 (KLR)
✦ The Plaintiff is not entitled to a temporary injunction.
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Okoth and Company Advocates v Mount Kenya University [2021] KEELC 1147 (KLR)
✦ The court finds that the applicant has not made a compelling case to warrant enlargement of time to file a reference.
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Berano M’Mwithiga M’Arauki v District Land Adjudication and Settlement Officer Tigania Eash and West & 2 others [2021] KEELC 1212 (KLR)
✦ The application is disallowed, interim orders are vacated, and the petition is dismissed for non-prosecution with costs to the respondents.
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Mwangaza Ministry & another v Janet Ndirangu [2021] KEELC 1182 (KLR)
✦ The application for interlocutory injunction is dismissed.
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Nairobi City County v Attorney General [2021] KEELC 1069 (KLR)
✦ The suit was filed in a Court without the requisite jurisdiction and is therefore a nullity ab initio. The Court cannot transfer the suit.
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Isaac Muthuri Mugambi v Silas Bundi Marete & 2 others [2021] KEELC 1204 (KLR)
✦ The appeal is dismissed with costs to the respondents.
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Arithi Mungania v James Mworia (suing as the Legal Representative of the estate of Murithi Mungiria (Deceased) [2021] KEELC 1213 (KLR)
✦ The court upheld the trial court's decision finding the respondent entitled to half share of the suit land and dismissed the appeal with costs to the respondent.
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Boaz Okello & 11 others v David Kimeli Letting & another [2021] KEELC 1165 (KLR)
✦ The plaintiffs' application for contempt of court is dismissed as the evidence does not prove the 1st defendant's disobedience.
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Anthony Muriithi Njeru & another v Mercy Wambua Njeru & another [2021] KEELC 761 (KLR)
✦ The court finds that the plaintiffs have not established a prima facie case and therefore rejects the prayer for restraining orders.
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John Nganga Kibe v Rebecca Muthoni Kiama & another [2021] KEELC 1200 (KLR)
✦ The court grants the stay of execution of the ruling pending the hearing and determination of the Plaintiff's appeal.
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Nehemiah Mwanda Onyango v Maurice Oduor Abuny & 3 others [2021] KEELC 1235 (KLR)
✦ The ELC court has jurisdiction to handle the suit and the suit is not res judicata.
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Benard Khaemba Wekesa v Emmanuel Wasike [2021] KEELC 843 (KLR)
✦ The defendant's application for a stay of execution is dismissed for want of prosecution. The defendant's costs are to be borne by the plaintiff.
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Kessel Homes Limited v John Kimotho Nginga & another [2021] KEELC 1116 (KLR)
✦ The trial court's finding that the respondents were entitled to a refund of the deposit is upheld. The court dismissed the appeal.
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Ransley Mcvicker & Shaw Advocates v Redstone Management Limited [2021] KEELC 1222 (KLR)
✦ The court found that the taxing officer's decision was not based on an error of principle and that the fee was not manifestly excessive. The court dismissed the application with costs to the Respondent.