Kenyan case law
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Brit Ahlfert v Nawaz Mussa t/a Hash Construction [2016] KEELC 1124 (KLR)
✦ The Court finds that the Defendant breached the contract by failing to complete the works. The Plaintiff is entitled to a refund of USD 69,902 and general damages of Kshs.500,000.
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John Nyokabi Macharia Rung’are & another v Agnes Muthoni & 16 others [2016] KEELC 1054 (KLR)
✦ The court finds the defendants’ motion to strike out the plaint misconceived and dismisses it with costs to the plaintiffs.
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Peter Okapel Murunga v Jonam Omudang'a Omuna [2016] KEELC 6 (KLR)
✦ The court finds in favor of the plaintiff and orders the cancellation of the defendant's title, eviction of the defendant from the land, and reinstatement of the plaintiff's father as the sole owner of the land.
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Ngara Mucokaniriria Company Limited & 4 others v Jane Muthoni Kimani & another (as legal representatives and administrators of the estate of Muya Macharia (Deceaesed) [2016] KEELC 729 (KLR)
✦ The court held that Ngara Mucokaniriria Company Limited is the original registered owner of the land and that the Defendants are not legally entitled to the ownership of the suit property.
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Joan Yatich Kilele v Daudi Cheptum Sawe [2016] KEELC 1006 (KLR)
✦ The application is dismissed with costs.
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Kiptoo Arap Chelule v Settlement Fund Trustees & 3 others [2016] KEELC 1013 (KLR)
✦ The suit is dismissed with costs as it is an abuse of court process and the issue before this court was previously decided in Eld 200 of 2009.
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Kimuri Housing Company Ltd v Frank Logistics Limited & 3 others [2016] KEELC 1246 (KLR)
✦ The court orders a status quo pending the hearing and determination of the suit, restraining any further dealings, developments, and/or alienation of the suit property.
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Kipkemboi Kosgei v Samuel Kipkoech & 4 others [2016] KEELC 1004 (KLR)
✦ The application is dismissed with no order as to costs as the plaintiff is the father of the defendants.
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Michael Kimutai Ronoh & 2 others v Consolidated Bank of Kenya Ltd & 3 others [2016] KEELC 1000 (KLR)
✦ The evidence of PW2 is struck out as irrelevant and the same is hereby struck out with costs in the cause.
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Kenneth Kiplagat Kimaiyo & 3 others v County Government of Elgeyo Marakwet & 2 others [2016] KEELC 980 (KLR)
✦ The court finds that the County Government did not follow the right procedure and that public participation is not a right enshrined in the bill of rights.
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Elizabeth Mwikali & another v Shanzu Wayani Multi-Purpose Co-Operative Society Limited & another [2016] KEELC 10 (KLR)
✦ The plaintiffs' application is found without merit and is dismissed with costs to the defendants.
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Judetheus Kiplagat Malakwen v Norman Kibitok Kogo [2016] KEELC 991 (KLR)
✦ The defendant's defense is deemed untenable and the application to strike out the plaintiff's application for an injunction and for costs is granted. The defendant is given 10 days to amend and serve his amended defense.
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Abdulkarim Abdalla Omar v Jimmy Shakala Galogalo [2016] KEELC 1151 (KLR)
✦ The Court dismissed the Plaintiff's application for a temporary injunction and ordered the Plaintiff to pay costs.
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Okomboli Ong'ong'a v Masha Ngao & 6 others [2016] KEELC 1152 (KLR)
✦ The Court granted a temporary injunction restraining the Defendants from trespassing and using the Plaintiff's land pending the hearing and determination of the suit.
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Kabiyet Agro & General Enterprises v Benard Rop & another [2016] KEELC 993 (KLR)
✦ The court finds that the plaintiff has locus standi and that the plaintiff's rights of redemption have accrued. An injunction is granted to prevent the defendants from disposing of the plant.
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Kimumu Service Station limited v Land Registrar Nairobi [2016] KEELC 984 (KLR)
✦ The court finds the revocation of the title unlawful due to procedural irregularity and grants a quash order.
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Carol Silcock v Kassim Sharif Mohamed [2016] KEELC 1153 (KLR)
✦ The Plaintiff's instruction fees were not denied without considering the duration of the proceedings and the fair value of the work.
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Naresh Kimar Aggarwal v Silas Kiptui Kipchilat Alias Silas Yego & 2 others [2016] KEELC 981 (KLR)
✦ The court finds in favor of the Petitioner, ordering the 1st respondent to remove the perimeter wall and restore access to the public parking space.
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Justine Kazungu Baya (suing on his own behalf and on behalf of the Estate of Baya Mwanyule Jefa alias Baya Yaa v Albert Kalama Nzaro & 2 others [2016] KEELC 1148 (KLR)
✦ The Plaintiff's Plaint is not struck out and an injunction is granted
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Longonot Farmers Self Help Group ( Suing thro’ its officials Samuel Njuguna Mukundi- Chairman and others) v Administration Police Commandant & 2 others [2016] KEELC 1093 (KLR)
✦ Application for conservatory orders dismissed
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Charles Muriuki Muchira v Benson Mithamo Kamuku & another [2016] KEELC 1057 (KLR)
✦ The application is not defective. There is no evidence of inordinate delay. The sub-division of the suit property does not stop the court from granting the orders sought.
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Karige Kihoro v Equity Bank Limited & another [2016] KEELC 1084 (KLR)
✦ The Court of Appeal held that statutory notices were sent to the respondent using his last known postal address, and the appellants did not have to personally serve him.
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Hubert L. Martin & 2 Others v Margaret J. Kamar & 5 Others [2016] KEELC 1092 (KLR)
✦ The plaintiff's title is cancelled, and the defendant's title is upheld.
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Republic v Cheranganyi Land Disputes Tribunal & another Ex-parte Ismael Mazenzeli Maramba [2016] KEELC 1064 (KLR)
✦ The application lacks merit and is hereby dismissed with costs to the interested party and the respondents.
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Moses Kinaichu Mugenyo & 2 others v Margaret Wandia Ngunu & another [2016] KEELC 1301 (KLR)
✦ The court declines to grant the orders sought and directs that the 2nd defendant's name be struck out from the suit.