Kenyan case law

Joseph Mjune Ongaro v Washington Ochieng’ Ongaro [2021] KEELC 1363 (KLR)

✦ The Applicant is entitled to the equivalent of 1/3 share in the suit title Samia/Budongo/2168 and the Respondent must execute documents for the transfer of the 1/3 share in the suit property in favor of the Applicant.

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.

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.

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.

Commercial Bank of Africa Limited v Ndonga Limited & 4 others [2021] KEELC 1251 (KLR)

✦ The application is dismissed as the matter should go for full hearings, and the costs abide the outcome of the main suit.

Martin Maurice Odhiambo v Joel Kipsang A. Ngeno & 6 others [2021] KEELC 1281 (KLR)

✦ The application for cancellation of the title and subsequent dealings is dismissed as the doctrine of lis pendens does not apply in this case, and the issues have been previously determined by a court of concurrent jurisdiction.

Southfork Investments Limited v Esquire Investments Limited, Adan Maalim Mursal, Nairobi City Council, Chief Land Registrar, Diamond Trust Bank Kenya Limited & Attorney General (Environment & Land Case 23 of 2020) [2021] KEELC 1253 (KLR) (Environment and Land) (28 October 2021) (Ruling)

✦ The court dismissed the application, stating that it cannot reverse the finding of a court of concurrent jurisdiction and that the application is a disguised appeal.

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.

James G Wathigo v Zulfikarali Rajabali Shivji Virani [2021] KEELC 548 (KLR)

✦ The Appellant’s application is dismissed with costs to the Respondent.

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.

JOO v GKN [2021] KEELC 1293 (KLR)

✦ The Environment and Land Court does not have the proper jurisdiction to adjudicate the dispute, and the case is hereby transferred to the Family Division of the High Court.

Thomas K’bahati t/a K’bahati and Co Advocates v Janendra Raichand Shah [2021] KEELC 1319 (KLR)

✦ The application is dismissed with costs

Samuel Odhingo Wera v John Otieno Wera [2021] KEELC 1333 (KLR)

Salome Gathoni Muirui v Kamae Re-Settlement Project & another [2021] KEELC 551 (KLR)

✦ The ex-parte judgement is set aside due to improper service of summons.

Dorcas Adhiambo Ogwel v Siprosa Apiyo Oyata & another [2021] KEELC 1170 (KLR)

✦ The court adopts the parties' consent as the judgment of the court, resolving the issues in favor of the plaintiff's claims.

Dennis K. Magare & Ben Musundi t/a Magare Musundi & Co. Advocates v Parminder Singh Manku & another [2021] KEELC 1271 (KLR)

✦ The reference is premature and an abuse of the due process of the court, and the chamber summons is struck out.

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.

Receiver Manager, Bulleys Tanneries Limited v Peter Nganga Cege & another [2021] KEELC 1254 (KLR)

✦ The appeal is unmerited and dismissed with costs to the 1st Respondent

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.

Ngotho Commercial Agencies v David Kiprono Sambai & 3 others [2021] KEELC 1275 (KLR)

✦ The court grants the application for substitution and revival of the suit.

Joseph Maina Njoroge v Johnstone Mbugua Kinoro & another [2021] KEELC 1337 (KLR)

✦ The court held that the current suit is res judicata and thus denied the application for a temporary injunction.

Amos Kibata Githeko v Loise Gachiku Kinuthia & 3 others [2021] KEELC 1267 (KLR)

✦ The Preliminary objection is upheld, and the notice of motion is struck out.

Joyce Wanjiru Nyanjui & another v Joseph Chege Gitau [2021] KEELC 1310 (KLR)

✦ The application is dismissed with no orders as to costs

John Nyang’au Maragia v Ogutu Mang’are Osoro [2021] KEELC 1257 (KLR)

✦ The Applicant has acquired title to the land and the Respondent must transfer the land to the Applicant within 60 days from the date of the judgment.

Moses Mungatia Mutungi v Hannah Nyagathiri Ng’ang’a & another [2021] KEELC 1285 (KLR)

✦ The Appeal is Devoid of merit and is hereby dismissed with costs.