Kenyan case law
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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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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.
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Peter Dama Meeli v Simon Moinket Meeli [2021] KEELC 1312 (KLR)
✦ The Plaintiff's Notice of Motion is dismissed as the Plaintiff has not established a prima facie case to warrant the orders of temporary injunction sought as against the Defendant.
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Benjamin Bosire Ogero v Aloys Mataya Moseti& 3 others [2021] KEELC 1329 (KLR)
✦ A stay of execution is granted pending the hearing of the intended Reference against the Certificate of costs on condition that the Applicants deposit the sum of Kshs. 500,000/= in an interesting bearing account in the joint names of the Plaintiffs’ and Defendants’ advocates within 45 days.
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Catherine Gatuti & Martha Nthama v Cyprian Kobia Mbeeria [2021] KEELC 1330 (KLR)
✦ The applicants have not established a prima facie case with a probability of success and have not demonstrated they stand to suffer irreparable loss and damage which cannot be compensated by way of damages. The balance of convenience also tilts in favour of not granting the injunction.
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Rose Gacheri v Jane Nkirote [2021] KEELC 1316 (KLR)
✦ The application is allowed with no order as to costs.
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Mikulo Ranching (Directed Agricultural) Co Ltd v Kenya Wildlife Service & 3 others [2021] KEELC 1366 (KLR)
✦ The Notice of Motion is incompetent and an abuse of the court process, and is hereby struck out with costs to the Respondents
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Josephine Ouya Obuya v Wilberforce Mugubi [2021] KEELC 1357 (KLR)
✦ The appeal has merit and the judgment and orders made by the trial court are set aside. The Respondent's claim is dismissed with costs, and the Appellant is granted the costs of the appeal and the court below.
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Kenya Agricultural and Livestock Research Organization Kisii County Government & 2 others; Patrick Lumumba & another (Contemnors) [2021] KEELC 1234 (KLR)
✦ The County Secretary, Patrick Lumumba, is cited and held in contempt of court judgment and decree as given on 29th August 2019.
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Siro Leo v Julius Ambaga Asava & another [2021] KEELC 1382 (KLR)
✦ The firm of Mukabane & Kagunza Advocates is granted leave to come on record after judgment. The Applicants’ request to review and set aside the judgment of 26 July 2018 is rejected. The Applicants pay half the costs of the application.
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Isaac Ngubo Osindi v Gichere Nyabando & another [2021] KEELC 1334 (KLR)
✦ The application is dismissed with costs to the Defendants/Respondents
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Lydia Munyatta M’aruyaru v Raphael Mukilam’itaru [2021] KEELC 1326 (KLR)
✦ The court finds the applicant has not met the principles to issue an injunction pending appeal.
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Ndovu Estate Limited v Sitabo Ole Kudate & another [2021] KEELC 1191 (KLR)
✦ The court sets aside the consent judgment and orders the suit to be set down for hearing.
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Republic v District Land Registrar, Trans Mara & another Ex parte Jackson Ayuka Nyangara [2021] KEELC 1183 (KLR)
✦ The ex-parte applicant's prayer for an order of mandamus is merited, and the District Land Registrar is ordered to erase the names of the vendors and register the ex-parte applicant as the owner.
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Celina Nkirina & another v Susan Nkatha & 3 others [2021] KEELC 1172 (KLR)
✦ The court held that the order is not appealable as a matter of right and that the plaintiff did not seek leave to appeal orally at the time the ruling or order was made.
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Peter Okoth Gumo & 14 others v Jokodhul Group alias Jokodhul Ranching Group & 2 others [2021] KEELC 1375 (KLR)
✦ The application and the suit are dismissed due to the principle of res judicata.
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Juma Khamis & 4 others v Mukesh Shah & 2 others [2021] KEELC 1242 (KLR)
✦ The suit is dismissed, the counterclaim is struck out, and costs are awarded to the defendants.
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Kiao Water Project (Suing thro’ Ibrahim Baariu (Chairman), Miriti M’ikinda (Secretary) & Josphat Kiriinya (Treasurer) v Joseph Mukaria Mungania & another [2021] KEELC 1303 (KLR)
✦ The appeal is dismissed with costs to the respondents.
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Kaptich Farmers Group (through Ezekiel Maritim, Joseah, Chepkosiom and Elijah Chepkwony as the Chairman, Secretary and Treasurer of Kaptich Farmers Group) v Samson Maitamei Kapeen & 2 others; Hellen Koskei & 45 others (Interested Parties) [2021] KEELC 1190 (KLR)
✦ The Notice of Motion dated 28/7/2020 is merited and the applicants/interested parties are enjoined in the suit as the 1st to 46th interested parties
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Chairman Full Gospel Church (Kangara) v Fredrick Mworia M’nchiru [2021] KEELC 1320 (KLR)
✦ The appeal is dismissed. The trial court's findings and conclusions are upheld.
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Francis Mwangi Maunji v Peter Irungu Mwangi [2021] KEELC 1256 (KLR)
✦ The court found that the defendant defaulted on rent payments and that the plaintiff has the right to re-enter the property and take possession.
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Lucy Wambui Mwangi v Monicah Wambui Mwangi & 3 others [2021] KEELC 596 (KLR)
✦ The court declines to grant the stay of execution and orders the Appellant to give security for the due performance of the decree.
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Judah Muthee Festus v Adjudication & another; Joseph Mathita Ikirima (Interested Party) [2021] KEELC 1335 (KLR)
✦ Leave is granted to commence judicial review proceedings but not as a stay.
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Paul Mwenda M’inoti v Peter Kirimi Imathiu; Cathrine Mwendwa (Interested party) [2021] KEELC 1317 (KLR)
✦ The application is dismissed without merit.
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Erustus Gunga & 42 others v Kahindi Kazungu Charo [2021] KEELC 1349 (KLR)
✦ The plaintiffs' claim for a mandatory injunction and for titles to their portions of Plot No. 653 is dismissed. The defendant's counterclaim is also dismissed.