Kenyan case law
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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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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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Benjamin Kavoo Nzingu v Rael Ndule Dominic & 3 others [2021] KEELC 1259 (KLR)
✦ The Appeal is not meritorious and is dismissed with costs.
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Samimpex Kenya Limited v Hawo Bashir Omar & 5 others [2021] KEELC 1265 (KLR)
✦ The court held that the police are under a statutory duty to maintain law and order and can provide security for the execution of the court order.
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Alex Kyalo Mutua v Francis Makau Ngulasa [2021] KEELC 1260 (KLR)
✦ The Appellant's title to the suit property was not established, and the trial court's judgment was upheld.
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Alex Kyalo Mutua v King’oo Ngulasa [2021] KEELC 1284 (KLR)
✦ The Appellant's title to the suit property was not established, and the trial court's judgment was upheld.
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Malindi Law Society & 12 others (All Suing as Officers of the Mombasa Law Society on their behalf and on behalf of the membership of the society) v Attorney General & 2 others (Petition 19 & 291 of 2016 (Consolidated)) [2021] KEELC 4748 (KLR) (29 October 2021) (Judgment)
✦ The court held that the doctrine of separation of powers does not stop the court from examining the acts of the Legislature or the Executive.
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John Thuo Kiragu (Suing on behalf of Jonathan Kiambati, David Chege and Mercy Emily Wanjiru as Donors v Stephen Chiira Karanja [2021] KEELC 1250 (KLR)
✦ The donors are the registered proprietors of the suit property and the trust terminated upon the death of the trustees.
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In re JM (Minor) [2021] KEELC 819 (KLR)
✦ The Ex-parti Applicant can wait for a further five months for JM to attain the age of majority before a decision can be made on the land parcel NO NDIVISI/MUCHI/xxxx.
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Peter Kimani v Joseph Orina & 2 others [2021] KEELC 560 (KLR)
✦ The Plaintiff has proved his case on a balance of probabilities and is entitled to a declaration that the plot is his property, a permanent injunction against the Defendants, and the costs of the suit.
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Babubhai Chaganbhai Patel v Kenya Railways Corporation & 4 others [2021] KEELC 1314 (KLR)
✦ The court grants the Petitioner's application for a temporary conservatory order to restrain the Respondents from demolishing the Petitioner's property pending the hearing and determination of the petition.
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Prigal Limited & Michael Mwangi Muturi v Kenya Electricity Transmission Company Ltd [2021] KEELC 1379 (KLR)
✦ Compensation amount of Kshs.65,797,788.00 is deposited in a joint interest-earning bank account pending the determination of the ownership dispute.
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Betty Mukui & another v Ben Mokaya & 2 others [2021] KEELC 1354 (KLR)
✦ The court finds that the plaintiffs have failed to prove their case on a balance of probabilities and dismisses the suit with costs to the defendants.
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James G Wathigo v Zulfikarali Rajabali Shivji Virani [2021] KEELC 548 (KLR)
✦ The Appellant’s application is dismissed with costs to the Respondent.
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Fort Properties Ltd v Attorney General & 2 others [2021] KEELC 1292 (KLR)
✦ The Petition is dismissed.
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Benson Chege Weru v David Mwangi Weru & 3 others [2021] KEELC 1290 (KLR)
✦ The application has no merit and is dismissed with no orders as to costs.
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Eunice Nduta & another v Lilian Chemutai & 2 others [2021] KEELC 1225 (KLR)
✦ The court finds no merit in the instant application and dismisses the Applicants' notice of motion dated 22nd March, 2021 with no order as to costs.
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Elizabeth Wanjira Evans (suing as Administrators of the Estate of Rahab Wanjiru Evans, [Deceased] & 2 others v National Land Commission & another [2021] KEELC 1173 (KLR)
✦ The law firm of M/S Gitonga Muthii & Co. Advocates are not lawfully on record for the Petitioners or at all. The Notice of Appointment of Advocate dated 30th July 2021 is contrary to the provisions of Order 9 Rule 7 of the Civil Procedure Rules, 2010.
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Monica Auma Odeny & another v Abdirazak Hillow Ibrahim & 2 others [2021] KEELC 1229 (KLR)
✦ The court allows the withdrawal of the appeal with costs to the 2nd respondent.
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Peter Wanjohi Official Liquidator Drumvalle Farmers Co-operative Society Limited v Pius Musimba Muasya & 2 others [2021] KEELC 1300 (KLR)
✦ The appeal is dismissed. Each party do bear own costs.
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Musyoka Maweu v Julius Matheka Kitama & another [2021] KEELC 1378 (KLR)
✦ The court dismisses the application as it lacks a basis to suspend the use of Temporary Grant and does not have the jurisdiction to hear the matter.
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Nazmudin Abdulali Shariff & 2 others v Kenya Railways Corporation [2021] KEELC 965 (KLR)
✦ The ex parte proceedings are set aside, and the matter is heard de novo. The defendant is ordered to file its defence and pay costs.
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Mathrita Moraa King’ari [Suing as a personal representative of the estate of the late Michael Nyangena Nyariki (Deceased) v Janiffer Moraa Anyona & 5 others [2021] KEELC 1137 (KLR)
✦ The application is allowed with costs to the Respondents, and the Appeal shall be filed within 21 days. The status quo shall be maintained.
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Republic v O C S Kaloleni Police Station & 6 others; David Njagi Wangai Ex-parte [2021] KEELC 1324 (KLR)
✦ The application is dismissed as the ex parte applicant can file a civil action against the trespassers.
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Lucy Jebet Kiptoo v Kiptoo Kirui [2021] KEELC 1247 (KLR)
✦ The court finds that the Defendant was not the legal representative of the estate of Mr. Kipsoi Kirui and is therefore not the proper party to the suit.