Kenyan case law
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Njoroge Mwaura & 2 others v David John Munyae & 13 others [2016] KEELC 1102 (KLR)
✦ The court has no jurisdiction to extend the time limited by section 7 of the Limitation of Actions Act
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Joel Kipngetich Chepkwony v Christopher Taita A. Cheruiyot & another [2016] KEELC 1191 (KLR)
✦ The applicant is entitled to declare the deceased's estate as the owner of the land by adverse possession.
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Paul Mutiso Nzau & 2 others v Simon Muema Nzau [2016] KEELC 1101 (KLR)
✦ The appellants' application to set aside the condition for the stay of execution is dismissed. The time for the appellants to comply with the condition is extended.
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Joseph Nganga Ndungu & 10 others v Versus Original Wapenda Afya Bidii Housing Co-Operative Society Limited (O.W.A.B) [2016] KEELC 1103 (KLR)
✦ The court grants a temporary injunction to restrain the defendant from selling the suit properties to third parties for the plaintiffs 1st, 2nd, 4th, 5th, 6th, 7th, and 9th.
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Kiplagat Kotut v Rose Jebor Kipngok [2016] KEELC 983 (KLR)
✦ The application is dismissed with costs.
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Benard Bangua Waihenya & 2 others v Simon Kinyanjui & 4 others [2016] KEELC 1105 (KLR)
✦ The plaintiffs have satisfied the conditions for granting interlocutory injunction and the application is allowed.
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Margaret Rose Wambui v Silvester John Njoroge [2016] KEELC 1237 (KLR)
✦ The court set aside the sale of the subject property and ordered the defendant to deposit the title documents in court.
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Alfred Kipkoech Korir v Mary Cherotich Busienei [2016] KEELC 1202 (KLR)
✦ The application for injunction is allowed, and the defendant is restrained from entering, being upon, developing or making any structures on the property.
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Dorothy Njeri Kamau v Nelson Waruingi Gitogo & 3 others [2016] KEELC 1211 (KLR)
✦ The suit is hereby dismissed as the court has made a finding that the suit property is unknown.
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Nancy Bomet, John Evans Arek & Fred Kinuthia v Jamaldin Yahya , Barnaba Agar, Nyandiero, Ali Bulls , Khadija Rrii, Kha Lfan Juma Suleiman, Samuel Ketai , Jennifer Kisuru Musiwa , Hellen Chepkemboi ,Pamela Chepkemboi , Mwangi Kawaya t/a Thinker’s Pub , Ezekiel Rema, Lucy Muthoni t/a Lucy’s Hotel, Joseph Mungai Kimani, Rebecca Sambeki t/a Sambeki Pub & Jairus Sawe t/a Wote Butchery (Environment & Land Case 289 of 2012) [2016] KEELC 1208 (KLR) (29 January 2016) (Ruling)
✦ Leave is granted to file and serve an Amended Plaint
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Paul Wanyonyi Makokha v Catherine Naliaka [2016] KEELC 1163 (KLR)
✦ The defendant cannot lay claim to the suit land, and the mandatory injunction issued in favor of the plaintiff is confirmed.
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Petro Lokamar Natekei v Akadel Longol & Another [2016] KEELC 1175 (KLR)
✦ The plaintiff's suit is hereby dismissed with costs to the defendants.
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Emfil Limited v Attorney General & 423 others [2016] KEELC 9 (KLR)
✦ The Plaintiff is granted a restraining order and the cancellation of titles. The Plaintiff is also required to give an undertaking as to damages.
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Patrick Wakoli Sichangi & another v Patrick Makokha Bunyoli & 2 others [2016] KEELC 1180 (KLR)
✦ The plaintiffs are the lawfully registered owners of the suitland and are permanently enjoined from interfering with it in any manner. The blocked access road should be opened.
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Dave Odhiambo Oricho & Another v Attorney General & 3 others Interested Party Grace Awuor [2016] KEELC 1204 (KLR)
✦ The applicants' amended notice of motion is dismissed with costs, and the interim orders are vacated.
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Rose Nyambura Thumbi Administratix of Hezekiah Mathara Gathende (Deceased) v Mary Wnajiru Njuguna [2016] KEELC 1155 (KLR)
✦ The suit is adjourned due to the Plaintiff's attempt to file new documents on the day of the hearing, which is considered an abuse of process.
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John Khisa Mumelo v Alice Lusweti [2016] KEELC 1168 (KLR)
✦ The plaintiff is not entitled to eviction orders as the defendant is occupying the land in her capacity as the wife of the deceased, who had the land registered in his name through a lawful process.
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Centurion Contractors & Agencies (K) Ltd v Nyeri Concrete (K) Ltd..Defendant/Respondent [2016] KEELC 1157 (KLR)
✦ The application is dismissed with costs to the respondent.
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Rael Naliaka Sawenja v Jacktone Mukhwana [2016] KEELC 1176 (KLR)
✦ The suit is not statute barred, and the preliminary objection is dismissed with costs to the plaintiff.
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Estate of Sylvester Kimagut Sang Represented By Jennifer Chebet Sawe v Jane Jeptoo Sawe [2016] KEELC 1183 (KLR)
✦ The applicant's application for maintenance of status quo is not merited and is hereby dismissed with costs to the respondents
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Judith Muok Atieno v Barclays Bank of Kenya Ltd [2016] KEELC 1104 (KLR)
✦ The court dismissed the defendant's application to strike out the plaintiff's plaint and to discharge the order of temporary injunction. The court found that the defendant had not met the threshold for such relief and that the defendant has not responded to the plaintiff's application for injunction.
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Kauma Munyi v Kithuka Kithuri (Civil Appeal 84 of 2015) [2016] KEELC 1110 (KLR) (Environment and Land) (22 January 2016) (Ruling)
✦ The court granted a stay of execution of the judgment for a period of 12 months and ordered the appellant to deposit Kshs.50,000 as security.
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Beatrice Wangui Kamau Alias Beatrice Wangui Kagunda v John Kariuki Kamau & another [2016] KEELC 1172 (KLR)
✦ The court has jurisdiction to entertain the dispute and the 2nd respondent has the power to sign the transfer documents.
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Peter Sakala v Embakasi Ranching Company Ltd & another [2016] KEELC 1109 (KLR)
✦ The court granted the applicant's application for a temporary injunction and ordered the 2nd respondent to demolish the wall and not interfere with the applicant's possession of the suit property.
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Precast Portal Strucutres Limited v Riccardo Lizzier & 3 others [2016] KEELC 1100 (KLR)
✦ The court refused to adopt the Deed of Settlement dated 13 October 2015 as an order of the court due to jurisdictional issues and the court's functus officio status.