Kenyan case law

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.

Brendan Kimani Kamanu v Elizabeth Wanjiru Gichemi & Paul Mwangi Gichemi (Environment and Land Miscellaneous Application 115 of 2017) [2017] KEELC 1268 (KLR) (12 October 2017) (Ruling)

✦ The application to transfer the suit is dismissed as the subordinate courts did not have jurisdiction to hear the suit at the time it was filed.

Muhia v Muhia (Environment and Land Case 306 of 2017) [2017] KEELC 1162 (KLR) (12 October 2017) (Ruling)

✦ The application is dismissed with costs to the respondent.

Angela Akinyi Ambitho v Uhuru Suleiman Koi [2017] KEELC 141 (KLR)

✦ The court grants a temporary injunction barring the defendant from interfering with the plaintiff's possession and occupation of the suit property pending the trial.

John Kirigu Kithiira v Robert Muriungi Jeremiah [2017] KEELC 1517 (KLR)

✦ The suit is dismissed for want of prosecution.

Moses Okatch Owuor & another v Attorney General & another [2017] KEELC 3821 (KLR)

✦ The Court found that the Plaintiffs' claim to the land was valid and that the land was properly alienated. The Court ordered the Plaintiffs to surrender the certificate of lease and declared that the suit parcel belongs to the Kenya Police.

David Ireri v M’ringata M’ngurukia [2017] KEELC 1276 (KLR)

✦ The Plaintiff's claim for adverse possession is upheld, and the Defendant is ordered to transfer the land to the Plaintiff. The Plaintiff is also authorized to have the necessary documents signed by the Deputy Registrar. The Defendant is ordered to bear the costs of the suit.

Nason Mwema Nzimbi v Kiio Ndetei & 2 others [2017] KEELC 298 (KLR)

✦ Summary judgment is granted to the plaintiff as the defendants failed to file their defence.

Mary Losike v Enrico Ethbitar Eminae & another [2017] KEELC 71 (KLR)

✦ The court ordered an injunction to remain in place pending the hearing of the suit, rent to be collected and deposited in a joint account, and status quo on the land with no development allowed.

Mary Losike v Enrico Ethbitar Eminae & another [2017] KEELC 131 (KLR)

✦ The court finds the consent order properly signed and binding upon the counsels, and orders the parties to bear their own costs.

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

✦ The application for stay pending appeal is allowed.

Emis Investments Limited v Rosemary Nyokabi Gaturu [2017] KEELC 1194 (KLR)

✦ The court finds that Emis Investments Limited has proved its case on a balance of probability and enters judgment for the plaintiff in terms of prayer (a) and (b) of the amended Plaint.

Beatrice Kaari v Henry Mburung’a [2017] KEELC 1559 (KLR)

✦ The suit is dismissed for want of prosecution

Esinasi Kaiza Azere v Simon Kitoto Mugwang’a [2017] KEELC 1392 (KLR)

✦ The court finds that the applicant has been in peaceful possession of the land for over 12 years and holds the land in trust for the applicant. The respondent is ordered to transfer the land to the applicant.

Paul James Savage v LES Belles Sauvages Limited (In Liquidtion) & another [2017] KEELC 1214 (KLR)

✦ The Plaintiff has established a prima facie case with a probability of success and the court grants the order of injunction to restrain the Defendant from selling the Suit Property until the suit is heard and determined.

Grace Wambuku Kamau Peter & another v Business Shade Limited & 5 others [2017] KEELC 1087 (KLR)

✦ The court denied the plaintiff's request for specific performance and ordered damages in lieu.

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.

Rose Kamene Charles v Hillary Kiplangat & another [2017] KEELC 1243 (KLR)

✦ The court orders that the plaintiff's suit be transferred to the Environment and Land Court at Nakuru for hearing and determination.

Charles Muthaura Mithika v M’mathaine M’mutungi [2017] KEELC 1474 (KLR)

✦ The suit is dismissed.

John Muchiri M’Baibua v John Kamuka Rukwaro [2017] KEELC 1563 (KLR)

✦ The suit is dismissed.

Juma Mzee Khamis & 4 others v Tabu Athman Nyundo & 2 others [2017] KEELC 206 (KLR)

✦ The court finds that the plot belongs to the Estate of the deceased and that the purported transfer of title to the 1st defendant is unlawful and void ab initio.

John Mwenda Ngeera v Lydia Acici M’thikia [2017] KEELC 110 (KLR)

✦ The application for injunction is allowed, but the injunction will remain in force for a period of 8 months.

Peter Mugambi Marete v Ngutari Miriti [2017] KEELC 1379 (KLR)

✦ The court orders that the plaintiff is entitled to 2 acres of land from the parcel, with the two acres to be hived off from the portion the plaintiff is already occupying.

Canisio Micheni Thambo v Domisiano Murungi Thambo & 4 others [2017] KEELC 1582 (KLR)

✦ The application for order of inhibition is granted, and the defendants are restrained from any dealings in the land parcel MWIMBI/CENTRAL MAGUTUNI/227 pending the hearing and determination of the suit.