Kenyan case law
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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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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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Republic v Cabinet Secretary for Land, Housing and Urban Development & 2 others; Francis Nzeli Maundu (Interested Party) Ex Parte Onesmus Kimanzi Musili & 2 others [2019] KEELC 1151 (KLR)
✦ The 1st Respondent's decision to overturn the 1986 decision was a nullity due to the late filing of the appeal and the subsequent sub-division of the land.
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Alloys Odhiambo Dulo & 4 others v Peter Osore & 4 others [2019] KEELC 856 (KLR)
✦ The application is dismissed in its entirety
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Kilimani Project Foundation v B Concept Limited t/a B Club Nairobi & 7 others [2019] KEELC 941 (KLR)
✦ Petition granted, orders issued
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Arcadius Njora Chege v Geoffrey Muchiri [2019] KEELC 1273 (KLR)
✦ The eviction order is granted and the Defendant is ordered to vacate the land within 60 days. The order is to be executed by the auctioneer under the supervision of the police.
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Leonard Njogu v Permenas Kabuthiai [2019] KEELC 1198 (KLR)
✦ The court orders eviction and vacant possession of the property, awards mesne profits, and grants costs and interest.
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Lepic School Limited v George Kioni (Sued on behalf of Athi Ngundu Self -Help Organization) & another [2019] KEELC 5094 (KLR)
✦ The Court finds that the Plaintiff is not the duly registered owner of the suit property and that the registration was not procedurally obtained. The Defendants have trespassed to the Plaintiff's land.
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Margaret Njeri Wachira v Eliud Waweru Njenga [2019] KEELC 1337 (KLR)
✦ The application is allowed, and an eviction order is issued against the Defendant, with HIPPO Auctioneers to execute the order and the Administration Police Commandant Makuyu Police station to supervise the eviction exercise.
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James Wachira Maingi v Benson Kamau Njuguna [2019] KEELC 1310 (KLR)
✦ The application is allowed in terms of prayers 2, 3 & 4.
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Marion Wakanyi Kamau v Deliverance Church Registered Trustees & another [2019] KEELC 1172 (KLR)
✦ The plaintiff's request to amend the plaint is granted.
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Pauline Wanjiku Ndegwa v Margaret Magiri Mwangi [2019] KEELC 1293 (KLR)
✦ The application for eviction orders is allowed, and the Defendant is ordered to vacate the land within 60 days. The eviction order will be executed by HIPPO Auctioneers with the supervision of the Administration Police Commandant Makuyu Police station.
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Msanda Holy Ghost Church Africa v Emily Thoya & another [2019] KEELC 159 (KLR)
✦ The dismissal of the suit for want of prosecution is set aside, and the plaintiff is ordered to pay Kshs 20,000 in costs to the defendant.
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Anderson Kalimbo Mwero v Mwandurya Tsuma Nyasi [2019] KEELC 1191 (KLR)
✦ The suit is reinstated due to the lack of evidence of service of the notice of attendance.
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Rapha Hospital & Clinic Eldoret Company v Abdul Aziz Kana & another [2019] KEELC 1020 (KLR)
✦ The court orders that the plaintiff continues paying rent as agreed until the case is heard and determined. The court further orders that the plaintiff does not engage in any further development of the property including construction failure of which the injunction shall lapse.
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Magi Holdings Limited v Jesus Manifestation Church & another [2019] KEELC 1126 (KLR)
✦ The application is dismissed as the plaintiff has failed to prove that the contemnor has wilfully disobeyed a court order.
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Elisha Njeru James v Felister Ngima Elijah (being sued as the administratrix of the estate of Elijah Njagi Henry) [2019] KEELC 622 (KLR)
✦ The court allows the Defendant's chamber summons and sets aside the ex-parte judgement with conditions.
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Nairobi House Limited v Lennah Catherine Koinange [2019] KEELC 371 (KLR)
✦ The application for an interlocutory injunction is dismissed with costs to the Respondent
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Paramjit Kaur v Avtar Singh Suri [2019] KEELC 1219 (KLR)
✦ The Plaintiff's application to reinstate the suit is allowed, and the Defendant's application to amend his defence and counterclaim is also allowed.
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Edward Humphrey Kiriro Kanja v Samuel Njoroge Kiriro [2019] KEELC 1102 (KLR)
✦ The appeal is allowed, and the judgment of the lower court is set aside. The appellant's suit is allowed with costs, and the respondent is ordered to transfer 1/4 acre of land in LR No. Muguga/Kahuhon/726 to the appellant.
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Josephine Wanjiku & another v Attorney General; Nabooshi Ene Nkusa & 3 others ( Interested Parties) [2019] KEELC 1156 (KLR)
✦ The Petitioners are not entitled to the orders sought and their rights were not violated.
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Republic v Khamis Ramadhani, Senior Resident Kadhi, Mombasa; Said Ahmed Jafaar (Interested) Ex parte Jaafar Ahmed Jaafar [2019] KEELC 537 (KLR)
✦ The court lacks jurisdiction to entertain the dispute as presented, and the order striking out the notice of motion application dated 5th April 2018 with costs to the Interested Party is made.
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Christopher Irungu Ngugi v Paul Muriuki & another [2019] KEELC 1308 (KLR)
✦ The Court finds that the Plaintiff is not the lawful owner of the plots and the 1st Defendant is the bonafide owner of the plots G520 and G520B.
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John Nduba v Director of Survey & another [2019] KEELC 1194 (KLR)
✦ The application is dismissed. The costs do abide the outcome of the main suit.
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Republic v Chief Land Registrar & Exparte Nairobi Steam Laundry & Dry Cleaners [1978] Ltd [2019] KEELC 1159 (KLR)
✦ The restrictions placed on the Exparte Applicant's properties are invalid as the Chief Land Registrar did not give the Exparte Applicant an opportunity to be heard. The court orders the Chief Land Registrar to remove the restrictions.