Kenyan case law
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Richard Kiprotich Kenduiywo v Member of the County Assembly Tuwan Ward & 2 Others [2016] KEELC 1072 (KLR)
✦ The applicant's application is misconceived and dismissed with costs to the respondents.
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Ngugi Ndibi Wamutua v Martine Ole Kusai & 2 others [2016] KEELC 1095 (KLR)
✦ The suit is struck out with costs due to the plaintiff's lack of capacity to file the suit as he is not the personal representative of the estate of Ole Lolakupai.
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Benjamin Abila Ndungu v Johnson Ndungu Karanja & 5 others [2016] KEELC 1094 (KLR)
✦ The court directs the plaintiff to amend his plaint and put in all parties who purchased the land parcel No. 602 and its subdivisions. The court orders a stay on any registration or construction of structures on the land parcels until the plaintiff amends his plaint.
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Joseph Kaburu Kiragu v Duncan Ndung'u Ndirangu [2016] KEELC 970 (KLR)
✦ The plaintiff is fined Kshs. 20,000 and ordered to serve 15 days in jail for wilful disobedience of the court's order.
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Faiza Abdullah Said Al – Amry & another v Moses Mbugua Kehta [2016] KEELC 3 (KLR)
✦ The court denies the plaintiffs' application for temporary injunctions and mandatory orders, finding that the plaintiffs have not followed due process in obtaining vacant possession and that the orders sought would result in the suit being determined by an interlocutory application.
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Kwale International Sugar Company Limited v Ruwa Mwaruwa Kurera & 5 others [2016] KEELC 1140 (KLR)
✦ Res judicata does not apply in this instance, and the Plaintiff's claims are dismissed.
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Islam K. Islam v Zamzam M. Hassan [2016] KEELC 2 (KLR)
✦ The Plaintiff's amendments are allowed as they are necessary for the just determination of the controversy between the parties.
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Bathawab Investment Limited v Hassan Ahmed Abdulhafedh Aka Hassan Ahmed Zubedi & 3 others [2016] KEELC 719 (KLR)
✦ The Plaintiff/Applicant has a beneficial interest in the suit property due to the Investment Agreement, but it cannot be held as a purchaser for value.
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Mohammed B. Bwanaadi & Another v Registered Trustee of National Christian of Kenya & Another [2016] KEELC 1138 (KLR)
✦ The applicants are not entitled to any costs to be met by the estate funds. The application is hereby dismissed with no order on costs.
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Julius Mailu Komu v Attorney General & 2 others [2016] KEELC 1217 (KLR)
✦ Order of inhibition to remain on the register until the suit is heard and determined
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Kiprotich Korir & another v Shiyotor Holdings Limited [2016] KEELC 1141 (KLR)
✦ The application to dismiss the suit for want of prosecution is disallowed with no order as to costs.
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Jane Awuor Ondiege & another v Ali Yusuf Malumbo & 4 others [2016] KEELC 1142 (KLR)
✦ The Plaintiffs' claim of adverse possession is not statute barred and the suit is not bad in law. The Defendants' application to strike out the plaint is dismissed.
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Joseph Sombo Said v Margaret Wanjeri Ndungu [2016] KEELC 1214 (KLR)
✦ The court finds no merit in the defendant's preliminary objection and dismisses it. The suit will proceed to a full hearing.
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Obadiah K. Macharia v Kenya Power & Lighting Company Ltd [2016] KEELC 1158 (KLR)
✦ The court did not find evidence of the defendant's knowledge or consent to the cutting of the trees.
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Andrew Murithi M'Ndegwa & 2 others v Frankline Mutuma Nkonge & another [2016] KEELC 1215 (KLR)
✦ The application is allowed as prayed.
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Rosemary Wanjiru Njiraini v Officer in Charge of Station Molo Police Station & another [2016] KEELC 1097 (KLR)
✦ Court directs matter be heard by oral evidence due to weighty questions of fact.
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Kipkulei v Kimani & 39 others (Environment & Land Case 139 of 2015) [2016] KEELC 1313 (KLR) (10 February 2016) (Ruling)
✦ The court grants the injunction, barring the defendants from interfering with the plaintiff's quiet possession of the land registration numbers 1695/12, 1695/13, 1695/14, 1695/15, 1695/16 and 1695/17.
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James Munene Ndumbi v Sospeter Murimi Karitu [2016] KEELC 1159 (KLR)
✦ The plaintiff is fined Kshs. 30,000/= for wilful disobedience of the court's orders and ordered to serve 15 days in jail.
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Alice Njambi Waitiki & another Both suing as the Administrators of the Estate of the Late Robinson Kinuthia Muriakiara) v John Kamau Muchai & 3 others Sued as Trustees of Kinoo Water Trust) [2016] KEELC 1212 (KLR)
✦ The stay of execution is granted to preserve the subject matter of litigation.
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Joyce Wangui Kahare & another v James Njenga Ngigi & another [2016] KEELC 1210 (KLR)
✦ The court dismisses the Application to strike out the Defendants' Defence and seek judgment, finding that the Defendants have raised a triable issue regarding their rights over the parcel of land.
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Peter Ndirangu Nyambura & another v Peter Ndirangu Muturi [2016] KEELC 1149 (KLR)
✦ The application is dismissed
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Lydia Chemng'etich v Stephen Kiplangat Ng'eny & another [2016] KEELC 1298 (KLR)
✦ The court finds that it has jurisdiction to entertain the suit and that the plaintiff is entitled to remain in her matrimonial house. The second defendant is found to have the capacity to remain on the suit land. The defendants are not barred by injunction from interfering with the plaintiff's use, stay, and possession of the suit land.
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Edward Njane Nganga & another v Damaris Wanjiku Kamau & another [2016] KEELC 1156 (KLR)
✦ The High Court has jurisdiction to extend time for filing an appeal out of time.
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Lydia Chemng'etich v Stephen Kiplangat Ng'eny & another [2016] KEELC 1059 (KLR)
✦ The court finds that it has jurisdiction to entertain the suit, the plaintiff is entitled to remain in her matrimonial house, and the second defendant has capacity to remain on the suit land. The defendants should not be barred by injunction from interfering with the plaintiff's peaceful use, stay, and possession of the suit land.
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Johana Gatheru Muruha & another v Godfrey Njuguna Githiru [2016] KEELC 1300 (KLR)
✦ The defendant is ordered to cede possession of the disputed portion of 9 acres pending the hearing and determination of the suit.