Kenyan case law

Charles Kinyua Bernard v Ruth Kaari Ntwiga [2017] KEELC 1479 (KLR)

✦ The application is granted and costs are awarded to the applicant.

Bart Kibati & 2 others v Harrow Investment Ltd & another [2017] KEELC 1198 (KLR)

✦ The applicants' application for amendment lacks merit and is hereby dismissed with costs to the first respondent.

Emmanuel Mwanga Chemengich & another v Julius Kipketer [2017] KEELC 1146 (KLR)

✦ The plaintiffs are entitled to be registered as owners of the suit land by way of adverse possession.

Elias Zakayo Nthwiga v Director of Land Adjudication and Settlement and 2 others [2017] KEELC 218 (KLR)

✦ The court ordered the District Land Adjudication and Settlement officer, District Land Registrar, and District Surveyor to appear before the court on March 23, 2017, to explain their non-cooperation.

Peter Gichuki Wanjohi v Julia Mumbi Muturi [2017] KEELC 1297 (KLR)

✦ The court finds that the applicant has not made up a case for the orders sought.

John Munugu Mbaya v Grace Mwatha Mukembu [2017] KEELC 1503 (KLR)

✦ There is no appeal properly filed in this case, and this court has no jurisdiction to handle the matter.

Raphael Kipsoi Arap Korir v Muskie Limited & 4 others [2017] KEELC 1408 (KLR)

✦ The court finds that failure to plead fraud is not fatal to the suit, but the subject matter has been overtaken by events and the ruling in Nakuru Hccc Suit No. 64 of 2012 is applicable.

Eldoret Express Co Limited v Tawai Limited & another [2017] KEELC 1555 (KLR)

✦ The court finds that LR 5707/6 was not created legally, fraudulently, and through misrepresentation. The plaintiff is not a bonafide purchaser for value.

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.

Jane Ngonyo Muhia v Director General, National Environmental Management Authority & another [2017] KEELC 1204 (KLR)

✦ The appeal is allowed, and the court orders the demolition of the two top floors of the building if not certified and approved for human inhabitation within 120 days.

Manubhai Velji Varsani v Nairobi City Water & Sewerage Company Limited [2017] KEELC 1255 (KLR)

✦ The court restrained the defendant from entering and carrying out works on the plaintiff's property without fully complying with the regulatory framework.

Joseph Mburu Ndekei v Ruth Njeri Mutema [2017] KEELC 1505 (KLR)

✦ The court finds the application not merited and dismisses it entirely with costs.

Kiraita Manga v Joseph Ombaire Isaboke [2017] KEELC 1514 (KLR)

✦ The plaintiff is the registered owner of the suit property and there was an instance of trespass by the defendant. The defendant's counterclaim is dismissed.

Johnson Kihatu Thiongo & Mahira Housing Company Ltd v another [2017] KEELC 1483 (KLR)

✦ The application is dismissed, and the status quo is maintained with the Defendant in possession and occupation of the property, but restrained from further construction or transferring, subdividing, charging, or alienating the property until the suit is heard and determined.

Ismael Ngaji Akungu (Suing as the administrator of the estate of Maslanous Magadi Mathida) v Walter Mainya Oyuoyo [2017] KEELC 1532 (KLR)

✦ The defendant is a trespasser on the suit property and is ordered to vacate the land within 60 days of the judgment.

Charles Otieno Seto v Didacus Ojwang Onyango & 2 others [2017] KEELC 1531 (KLR)

Administrators of the Estate of the Late John Kiondo Kahuhu v District Lands Registrar, Kiambu [2017] KEELC 1485 (KLR)

✦ The Court finds that the applicants have proved on the required standard of balance of probabilities that the orders sought are merited and enters judgment for the applicants in terms of prayers no.1, 2, 3 and 4 of the instant Originating Summons.

Muramati Farmers Co-operative Society Limited v Jason Mungai Kaburu & 2 others [2017] KEELC 1217 (KLR)

✦ The court dismissed both applications. The court found that the applicant's father was entitled to the suit property under the decree, but the interested party had already transferred the share to herself. The court could not make an order for the transfer of the nonexistent parcel of land.

Kenya Association of Manufacturers & 2 others v Cabinet Secretary Ministry of Environment and Natural Resources & 3 others (Petition 32 of 2017) [2017] KEELC 1248 (KLR) (13 October 2017) (Ruling)

✦ The court will determine whether the Cabinet Secretary's decision to ban certain categories of plastic bags violates any Constitution articles and Statutes.

Catherine C Kittony v Jonathan Muindi & 3 others [2017] KEELC 1225 (KLR)

✦ The application for stay pending appeal is allowed.

Mary Wambui Kuria v Titus Mwangi Njoroge & 3 others [2017] KEELC 1266 (KLR)

✦ The court found that the plaintiff has not satisfied the requirements for the grant of an interlocutory injunction as set out in the case of Giella Vs Cassman Brown & Co Ltd (1973) [EA] 358. The court is not satisfied that a prima facie case with a probability of success at the trial has been made out.

Akash Himatlal Dodhia v Dorothy Margaret Wanjiku Kung’u & another [2017] KEELC 1165 (KLR)

✦ The court grants the Plaintiff's prayer for specific performance and orders the 1st Defendant to complete the sale and transfer the property to the Plaintiff. The Plaintiff's caveat is withdrawn upon completion.

Hudson Kihumba Wanguhu & 17 others v Paul Richu & 5 others [2017] KEELC 1199 (KLR)

Michael Wachira Gakuo v Elizabeth Wamuyu Githinji [2017] KEELC 1337 (KLR)

✦ The application is dismissed with costs to the respondent as the intended appeal may not be arguable.

Joseph Mungai Gichuru v James Njuguna Maina & 3 others [2017] KEELC 1119 (KLR)

✦ The application for injunction is allowed. The 1st to 3rd defendants are ordered not to take possession of the suit property or enter into any dealings over it until the case is heard and determined.