Kenyan case law
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Alice Wairimu Waweru v Naomi Wambui Kuria the Director of Adjudication & another [2016] KEELC 1070 (KLR)
✦ The application for injunction is allowed, restraining the 1st defendant from interfering with the plaintiff's possession of the land until the final disposal of the suit.
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Nicolaas Hendrick Claassen v Commissioner of Lands & 4 Others [2016] KEELC 1063 (KLR)
✦ The application to substitute the deceased petitioner with the applicant is dismissed with no order as to costs. The petition by the deceased abates upon his death.
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Amos Muriithi Kariamatu v Margaret Wambui Wamugunda & John Wachira Wamugunda (Civil Case 55 of 2013) [2016] KEELC 1160 (KLR) (2 February 2016) (Ruling)
✦ The application for stay pending appeal is dismissed with costs to the plaintiff/respondent.
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Samwel Philip Were v Paul Ng'ang'a Kamandili [2016] KEELC 1178 (KLR)
✦ The plaintiff's claim is dismissed with costs to the defendant.
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Kenya Agricultural Research Institute (K.A.R.I) v Farah Ali, Chairman Isahaki Self Help Group & Another [2016] KEELC 1077 (KLR)
✦ The application for adjournment is disallowed, and the defendant with a counterclaim is allowed to present their case first.
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J D O v Robert Walusekhe Wesakania [2016] KEELC 1060 (KLR)
✦ The court finds that there was no agreement between the defendant and Mr. T regarding parcel No. /[particulars withheld] (suitland). The court also finds that Mr. T had senile dementia and was not capable of understanding the agreement.
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Lucy Irungu v Albert Alexander Aggrey Ekirapa & another [2016] KEELC 1113 (KLR)
✦ The court awarded the Plaintiff Kshs.350,000 as mesne profits, Kshs.1,954,000 as special damages, and Kshs.100,000 as punitive damages against the 2nd defendant. Interest is to accrue on the awarded amounts.
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Mark Oduor v Julius Wanjau [2016] KEELC 1162 (KLR)
✦ The suit is dismissed with costs to the Defendant.
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Jestimore Simwenyi v Samson Sichangi [2016] KEELC 995 (KLR)
✦ The application is dismissed with costs as the process of execution was commenced in 1999, and the application is res-judicata as the eviction orders were obtained in 2002 and the dispute has been finally heard and determined.
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Esther Kathini Mbuvi v Michael Mackenzie Musembi [2016] KEELC 1115 (KLR)
✦ The Defendant's defense is found to be a sham, and the Plaintiff is awarded mesne profits at the rate of Kshs.44,000/= per month.
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City Council of Nairobi v Simon Kimondo Mubea [2016] KEELC 1116 (KLR)
✦ The plaintiff's application is well-founded and allowed. The costs of the application shall be in the cause.
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Paulina Kikwai Langat v County Government of Bomet & another [2016] KEELC 1201 (KLR)
✦ The court enters judgment in favor of the plaintiff for the sum of Kshs. 811,492.50, alongside costs and interest.
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Mburu Munoru Ikenye v Peter Mucheru Gaturu & another [2016] KEELC 1207 (KLR)
✦ The suit is dismissed as the Plaintiff failed to prove fraud or illegality in the transfer of the suit property to Gaturu.
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George Mbugua Njuguna & 3 others v Registered Trustees of World Outreach [2016] KEELC 1236 (KLR)
✦ The Applicants have proved their case and are granted their prayers as prayed in their Originating Summons. The Applicants shall also have the costs of this suit.
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Prudenzio Nicholas Gaitara v Patrick Kariuki Muiruri & 2 others [2016] KEELC 1062 (KLR)
✦ The application is dismissed with costs to the 1st and 2nd defendants.
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Peter Gichia Nyanjui v Simon Kibe Muriithi & 3 others [2016] KEELC 1206 (KLR)
✦ The court finds that proper procedure was not followed in placing the restriction on the parcel of land as provided by section 76 of the Land Registration Act 2012. The restriction was not justifiable, and the injunction already issued by the court will secure the interests of all the parties to the suit.
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Mungai Mbae & another v James Mwangi Nduati [2016] KEELC 705 (KLR)
✦ The 2nd applicant's application is dismissed with costs to the respondent.
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Kimani (Suing as the Administrator of the Estate of Gatigwa Gaitho) v Ndonga (Environment & Land Case 1298 of 2014) [2016] KEELC 1316 (KLR) (29 January 2016) (Judgment)
✦ The court finds in favor of the plaintiff, cancelling the entries for the suit property and restoring it to the deceased's name.
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Paramount Electronics Limited v Simon Gatembu Mugaa & another [2016] KEELC 1205 (KLR)
✦ Application dismissed with costs
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Antoluc Merchants Limited v Stephen Mburu Kamau & 13 others [2016] KEELC 1108 (KLR)
✦ The court finds no merit in the plaintiff's application to add the 3rd to 14th defendants as parties and to seek a temporary injunction. The sale of the suit property to the 14th defendant was not unlawful.
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Joyce Irene Atieno Akeyo v Michael George Okeyo & 4 others [2016] KEELC 1107 (KLR)
✦ Summary judgment granted in favor of the 3rd defendant
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Medad Ngunjiri Gathaiga & 4 others v St. Elizabeth Academy - Karen Ltd [2016] KEELC 1209 (KLR)
✦ The Notice of Motion dated 3rd February 2014 is hereby allowed in terms of prayer No. 5.
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Balcon Housing Company Ltd v Ann Kariri Kiarie (as administrator of the estate of the late Jacinta Njeri Kiarie) (Environment & Land Case 100 of 2015) [2016] KEELC 1161 (KLR) (Environment and Land) (29 January 2016) (Judgment)
✦ The court directed the Defendant to refund the Plaintiff the sum of Kshs. 3,800,000/- paid to the Deceased for the suit property.
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Maurice Ingoi v Josiah Macharia & another [2016] KEELC 1106 (KLR)
✦ The Plaintiff's application is dismissed with costs to the Defendants. The Defendants cannot be said to be trespassing on a property that was sold to them and for which they have paid the full purchase price.
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Nancy Wanjiru Wangai v National Social Security Fund & 4 others [2016] KEELC 1213 (KLR)
✦ The Plaintiff is the duly registered proprietor of the suit property and is entitled to judgment against the defendants.