Kenyan case law
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Tapasiya Bhavan Ltd v Samuel Karanja Kariuki & 2 others [2015] KEELC 310 (KLR)
✦ Benson Irungu Mwangi is an officer of the company as defined in the Companies Act, but his affidavit is defective as it does not bear the plaintiff's seal.
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Teresia Njeri Mwangi (Suing As Legal Representative of The Estate of Stephen Mwangi Maina v Nancy Lydia Nyambura [2015] KEELC 557 (KLR)
✦ The Notice of Motion is allowed in terms of prayers No. 2 and 3, and the Plaintiff is directed to set down the main suit for hearing within 12 months.
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Sammy Talam v Andrew Shimbiro & another [2015] KEELC 543 (KLR)
✦ The plaintiff's suit is misconceived and is hereby dismissed with costs to the defendants.
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Titus Wanjohi Kabachia v Eustus Thanju Muhind [2015] KEELC 166 (KLR)
✦ The court orders specific performance of the land transfer and refund of Kshs.650,000 plus 50%.
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Symon Mubika Maciura v Attorney General & 8 others [2015] KEELC 40 (KLR)
✦ The interlocutory judgment entered against the defendants was set aside by a consent entered into between the plaintiff and the 1st and 2nd defendants.
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Titus Gatitu Njau v Municipal Council of Eldoret [2015] KEELC 670 (KLR)
✦ The court awarded Kshs. 15,000,000 as exemplary damages and Kshs. 500,000 as general damages for trespass.
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Gamii Properties Limited v Mondo Properties Limited [2015] KEELC 764 (KLR)
✦ The application to stay the instant suit pending the determination of the previous suit is dismissed.
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Susan Cheburet Chelugui and David K. Chelugui & another v Ezekiel Kiptoo & another [2015] KEELC 26 (KLR)
✦ The petitioners' claim is dismissed with costs as the proposed interested parties have not clearly demonstrated their interest in the petition.
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Thomas Muthee & another v Nyaguthii Kaguthu [2015] [2015] KEELC 35 (KLR)
✦ The court finds that the Environment and Land Court has no jurisdiction to hear appeals which had not been concluded by the defunct Provincial Appeals Committees. Such cases should not be referred to this court.
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Grace Muthoni Mahindi (Suing As The Personal Representative Of The Estate Of Jackson Mahindi Gitonga) v Andrew Kimani & 2 others [2015] KEELC 147 (KLR)
✦ The court allows the substitution of the deceased's legal representative in the appeal and orders the restoration of the deceased's movable properties that were unlawfully distrained by the respondents.
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Timothy Otuya Afubwa & another v County Government of Trans-Nzoia & 3 others [2015] KEELC 333 (KLR)
✦ The court has no jurisdiction to entertain the petitioners' petition.
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George Tsuma Kanundu v Benson Safari Mwatete [2015] KEELC 374 (KLR)
✦ The Defendant was served with Summons to Enter Appearance and the Defendant's Application to set aside the Judgment is dismissed.
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Teresia Waithira K Njuguna v John Otieno Nyandew & another [2015] KEELC 711 (KLR)
✦ The Plaintiff has the capacity to bring the suit and the Preliminary Objection is dismissed.
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Thomas K Sambu v Paul K Chepkwony alias Paul Chepkwony Koskei [2015] KEELC 289 (KLR)
✦ The plaintiff is barred from filing a new suit over the same cause of action due to the dismissal under Order 12 Rule 3, and the new suit is therefore untenable and dismissed with costs.
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Hamisi Omar Juma & 152 others v Amralai J Rajshi Shah & 2 others [2015] KEELC 119 (KLR)
✦ The application is dismissed with costs to the plaintiffs/respondents.
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Habiba Wambui Ramadhan & 7 others v Mary Njeri Gitiba [2015] KEELC 838 (KLR)
✦ Status quo maintained, plaintiffs should not be evicted from the suit premises.
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Tusma Kenga Mwadzemba v Karembo Anthony Masha [2015] KEELC 481 (KLR)
✦ The court allows the application to join Lennox Nzai Chongo as a defendant.
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Francis K. Baya & 2 others v Sammy Mtile & another [2015] KEELC 551 (KLR)
✦ The Applicant's Application is dismissed with costs.
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Ufundi Savings & Credit Co-operative Society Limited v Francis Gitari Ndirangu & 99 others [2015] KEELC 724 (KLR)
✦ The appeal will be heard and determined by a single Judge of the Environment and Land Court.
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Hannah Waruguru Mwangi Paul Mwaura Mwangi As Administrators And Legal Representatives Of Simon Ryboy Mwangi v Salome Wanjiru Gitoho & another [2015] KEELC 42 (KLR)
✦ The plaintiffs/applicants are entitled to a perpetual injunction and the cancellation of the registration of title.
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Stephen K Gachuru & another v David Cururu Wangunyu ( Sued As The Administrator of The Estate of Lucy W Kuria Cururu (Deceased) [2015] KEELC 751 (KLR)
✦ The Court granted the injunction and ordered the Defendant to compensate the Plaintiffs for the damages.
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Twiga Estate Squarters Suing Through William Chege (Chairman) & 2 others v Mboi-Kamiti Farmers Company Limited [2015] KEELC 714 (KLR)
✦ The plaintiffs are found to be the same group as Twiga Estate Squarters and Twiga Men and Women Group, and adverse possession cannot be claimed by two parties for the same land.
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Virginia Waruguru Mbogo (Suing as legal representative of the estate of Charles Mbogo Manyara (Deceased )) v Jane Wanjiru Mururi & another [2015] KEELC 688 (KLR)
✦ The application for injunction is dismissed as the correct court to hear the case is the one that issued the confirmed grant of letters of administration.
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Shadrack C. Cheserek v Kipserem Mengich & another [2015] KEELC 275 (KLR)
✦ The court finds that the plaintiff is the legal owner of Plot No. 555 and grants a declaration, order of eviction, and permanent injunction.
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Rosemary Chebet Koros v Samwel Kiprono Sang [2015] KEELC 720 (KLR)
✦ The defendant is granted leave to amend his statement of defence, but only if he deposits a security for costs within 21 days.