Kenyan case law
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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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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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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.
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Afrikasa Real Estate Limited v Scorpio Enterprises Limited [2021] KEELC 1132 (KLR)
✦ The court finds that the plaintiff has not established that they will suffer any prejudice if the defendant's counsel continues to represent them.
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Alfonse Wanjala Masinde v Altalf Abdulali Shariff Jivraj & 4 others [2021] KEELC 1018 (KLR)
✦ The court granted the plaintiff's motion to stay proceedings and set aside the ex parte judgment, vacate partial proceedings, and remit the suit for pre-trial.
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Lawrence Kinaynjui Gitao & another v Joan W. Thiong’o & 2 others [2021] KEELC 1196 (KLR)
✦ The application for Judgment on Admission is dismissed with costs to the Respondents.
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John Irungu Njeri & 2 others v Jamii Bora Bank Limited & another [2021] KEELC 1152 (KLR)
✦ Plaintiffs' Notice of Motion application is unmerited and will be disallowed.
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Naftaly Muriithi Njuki a.k.a Naftali M. Njuki Beatrice Muli, Robert Mung’are Nyakurema, Abdalla Nzioka, Disctrict Land Registrar, Lamu, Attorney General v Abdirahman Abdilahi & Lamu Land Control Board (Environment & Land Case 66 of 2012) [2021] KEELC 1063 (KLR) (2 November 2021) (Ruling)
✦ The court allows the reopening of the defence case and stays the writing and delivery of judgment, but the 1st defendant must pay thrown away costs of Kshs 30,000 within 30 days.
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Kenya Anti-Corruption Commission v Sarah Maria Lobo & Myrte Mary Desa & 2 others [2021] KEELC 1154 (KLR)
✦ The court holds that filing a Preliminary Objection is not time-bound and dismisses the objection.
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Micah Tenai & another v Stellah Jepleting & another [2021] KEELC 1129 (KLR)
✦ The court held that the plaintiffs acquired rights over the suit land under the agreements and that the remedy of specific performance is available to the 2nd Plaintiff.
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Morris Gitau Kihuga & another v County Government of Uasin Gishu [2021] KEELC 1169 (KLR)
✦ The court finds in favor of the plaintiffs, granting various declarations and orders.
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Catherine Wambui Waruinge v Retia Ene Samera Mutemperia & 5 others [2021] KEELC 1150 (KLR)
✦ The Plaintiff is the absolute proprietor of the suit land and is entitled to all rights and privileges belonging or appurtenant thereto, hence entitled to protection of the law as envisaged in Sections 24, 25 and 26 of the Land Registration Act.
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Charles Steven Mbindyo v Justus Wainaina Njuguna & 2 others; Boniface Mbai Munyao & 2 others (Interested Parties/Applicants) [2021] KEELC 1252 (KLR)
✦ The court allowed the Interested Parties' application to review, vary, and set aside the previous judgment, and enjoined the Interested Parties from being parties in the suit.
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Beatrice Mueni Mbiti v Tom Mbaluto [2021] KEELC 1288 (KLR)
✦ The Court of Appeal denied the Appellant's application for a stay of execution pending appeal.
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Kenya Anti-Corruption Commission v Paul Moses Ngetha; Sam N Gachago & 2 others (Interested Parties) [2021] KEELC 1277 (KLR)
✦ The application for a stay of execution is allowed, and the orders granting the declaration and cancellation are stayed pending the appeal.
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Paul Omuko Sidede v James Okumu Kizito & James Juma Openjih (Environment and Land Appeal 30 of 2021) [2021] KEELC 1270 (KLR) (1 November 2021) (Ruling)
✦ The court grants leave to the appellant to file an appeal out of time and deems the memorandum of appeal and record of appeal as duly filed.
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Mhandisi Enterprises Limited v Mohammed Swalehe Mwajembe & 8 others [2021] KEELC 17 (KLR)
✦ The application for a site visit is declined.
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Rhine Forwarders Limited v Joseph Mwanjau Mwangi & another [2021] KEELC 1301 (KLR)
✦ Temporary injunction issued to restrain defendants from interfering with the suit property
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Paul Ngigi Njoroge v Edward Peter Waweru Njoroge [2021] KEELC 1245 (KLR)
✦ The application is unmerited and is disallowed
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Magdalene Nyokabi Guandai (suing as the Administrative of the Estate of the Guandai Karugu - Deceased) v Peter Kibet Tuei, Mohammed O Omar, Hassan Shaba Adan, Land Registrar, Kajiado & Samuel Pertet Mepukori (Environment & Land Case 65 of 2019) [2021] KEELC 1294 (KLR) (1 November 2021) (Ruling)
✦ The preliminary objection is dismissed.
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Republic v District Land Adjudication and Settlement Officer Tigania East Ex-Parte Milton Giteye Karwamba & another; Grace Kathea Tiritimi (Interested party) [2021] KEELC 1224 (KLR)
✦ The application is allowed, and the leave granted to act as a stay is hereby vacated.
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Peter Butali & 34 others v Permanent Secretary, Ministry of Transport Infrastructure Housing Urban Development and Public Works & another [2021] KEELC 1243 (KLR)
✦ The application for leave to apply for an order of mandamus is granted.
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Ali Abdi Ali (Chairman, suing on Behalf of Kaloleni Welfare Society) v Rhine Forwarders Ltd & another [2021] KEELC 1296 (KLR)
✦ The Plaintiff's suit is not struck out, and the case will proceed to trial.
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Lucy Jebet Kiptoo v Kiptoo Kurui & 3 others [2021] KEELC 1282 (KLR)
✦ The court upholds the Preliminary Objection on both limbs and strikes out the originating summons.