Kenyan case law
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Regional Container Freight Stations Ltd v Kenya Ports Authority [2019] KEELC 1075 (KLR)
✦ The application is allowed with costs, and the Plaintiff is granted a temporary injunction.
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Bundi Kiragu v Benjamin Collins Mati & another [2019] KEELC 1410 (KLR)
✦ The Court finds that the applicant has not identified the land in possession and has not established a claim to adverse possession.
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Moses Mungatia Mutungi v Hannah Nyagathiri Ng’ang’a & another [2019] KEELC 1178 (KLR)
✦ The court grants the Appellant stay of execution of the judgement entered on 29/4/2019 pending hearing and determination of the appeal.
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Central Auto Hardware Limited v Kenya Urban Roads Authority & 2 others [2019] KEELC 1015 (KLR)
✦ The court grants the plaintiff's application to complete the works as agreed and to employ another contractor if necessary. The plaintiff is awarded costs of the application.
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Republic v Chief Land Registrar Ex-Parte Roselyne Akoth Ayoki & another (Suing as Administrators of the estate of Wycliffe Onyango Ayoki (Deceased) [2019] KEELC 944 (KLR)
✦ The court grants leave to the ex-parte applicants to bring a motion to compel the respondent to issue an official search and copies of the deed file
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Abdihamid Sheikh Abdulla t/a Jambo Matt Supermarket & 2 others v Tecno Holdings Limited & 2 others [2019] KEELC 1336 (KLR)
✦ The application is dismissed, and the deposited funds are ordered to be released to the respondent, the National Social Security Fund Board of Trustees.
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Robert Moffat Njoka v Benjamin Collins Mati & another [2019] KEELC 1376 (KLR)
✦ The court found that the applicant did not identify the specific portion of land he claimed and did not prove the distinct location of the claimed land. The court also found that the applicant had entered into a sale agreement with the 1st respondent and was therefore in non-permissive possession.
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Njeru Phillip Njoka v Benjamin Collins Mati & another [2019] KEELC 1375 (KLR)
✦ The court found that the applicant has not identified the land in possession and has not established a claim to adverse possession.
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James Kirimi Kirigia v Nkanata Wilfred Kithinji & another [2019] KEELC 1181 (KLR)
✦ The court finds that the plaintiff did not prove the existence of a trust and that there was no fraud in the sale of the land.
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Julia Mugure (suing as the administratix of the Estate of the Late Wilfred Njagi Kiragu Deceased) v Benjamin Collins Mati & another [2019] KEELC 1269 (KLR)
✦ The court found that the applicant has not identified the land in possession and has not been in non-permissive or non-consensual possession of the suit property. The court also found that the applicant's possession was not notorious, open, exclusive, and uninterrupted.
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David Kamunya Runo & another v Elishiba Muthoni Muriithi & 8 others [2019] KEELC 1390 (KLR)
✦ The court granted the interlocutory injunction, finding that the applicants have a prima facie case and are likely to suffer irreparable damage.
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Kenya Power and Lighting Co Ltd v Kigaita Ngare Unduthu & 51 others [2019] KEELC 1389 (KLR)
✦ Appellant failed to demonstrate substantial loss that would render the appeal nugatory, and thus the application for stay of execution was denied.
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Lucy Muringi Muriu (suing as a Representative of the Estate of John Muriu Kamiri (deceased) v Zipporah Nyawira Muriu & 2 others [2019] KEELC 1335 (KLR)
✦ The court denies the application for a temporary injunction due to the Respondents' prima facie indefeasible title and the irreparable harm that eviction would cause.
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Enos Orony Omollo v Richard Otieno Dande [2019] KEELC 809 (KLR)
✦ The plaintiff's claim for adverse possession is not barred by the Limitation of Actions Act, and the Land Registrar should register the plaintiff as the proprietor of the land.
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Muta Chokwe Ndisi v James Jungo [2019] KEELC 1033 (KLR)
✦ The Application is dismissed with costs to the Respondents
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Eliphas Mutembei Gitonga v Mbaabu Marete & another [2019] KEELC 1254 (KLR)
✦ The application is allowed on condition that the appeal is filed and served within 14 days from today, otherwise the orders given herein shall lapse.
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Mugere Kamotho v James Muchiri Ndegwa & 11 others [2019] KEELC 1481 (KLR)
✦ The application is allowed, and the plaintiff is directed to effect substituted service within 45 days of the judgment.
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Chege Ngugi Chege v Kantafu Company Limited [2019] KEELC 1459 (KLR)
✦ The Plaintiff failed to prove his case on a balance of probabilities and the Plaintiff's claim is dismissed with no order as to costs.
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Albert Omari v Joseph Mboya Awino (suing as an executor to the Estate of the Late Patricia Schield) [2019] KEELC 1212 (KLR)
✦ The Application is granted
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Republic v Deputy County Commissioner Mukaa Sub-County, Makueni County;Mbeni Matheka & 7 others (Interested Parties) Ex parte Agnes Waki Muindi & 3 others [2019] KEELC 1430 (KLR)
✦ The application is dismissed with costs, as the Ex-parte Applicants did not show that the Respondent violated the rules of natural justice or that his decision was tainted with illegality, irrationality, or procedural impropriety.
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James Njogu Mungai v Francis Kitungo Mutisya [2019] KEELC 1357 (KLR)
✦ The Plaintiff's claim is denied and the suit is dismissed with costs to the Defendant.
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Milimani Splendor Management Limited v National Environment Management Authority & 4 others [2019] KEELC 1225 (KLR)
✦ The Court found in favor of the Petitioner, declaring that the Respondents violated the Petitioner's rights and quashing the improvement notice. The Court also ordered the Respondents to refrain from demolishing or interfering with the Petitioner's property.
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Robert Maina Mwangi(Suing as the Administrator of the Estate of Francis Mwangi Ndungu) v Jonas Gicheru Kimathi & 11 others [2019] KEELC 1083 (KLR)
✦ The Court found that the Certificates of titles held by the 1st to 10th Defendants were procured through fraud and are therefore null and void. The Court orders the rectification of the land Register in respect of the resultant subdivisions of Ruiru East/Juja East Block 2/1203.
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Peter Chege Kiarie v George Matu & 3 others (Being sued as the Chairman, secretary, treasurer and Organizing Secretary respectively of Versityville Association) [2019] KEELC 1074 (KLR)
✦ The Plaintiff/Applicant's application for leave to appeal out of time is partially allowed, and the application for stay of execution is dismissed.
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Republic v National Land Commission; Exparte Peter Mwaura Gikonyo & 2 others; Eunice Kagendo Njue(Interested Party) [2019] KEELC 1417 (KLR)
✦ The Exparte Applicants are entitled to costs as the contentious Gazette Notice that brought about this Judicial Review was withdrawn.