Kenyan case law
-
Ndeffo Company Limited v John Wachira Kamau & 2 others [2016] KEELC 1198 (KLR)
✦ The application is dismissed as it has not been proved that there has been an actual sale and transfer of the property to the alleged purchasers. The court orders the status quo to be preserved, meaning that the prevailing occupation and use on the ground continue and no development of any structure by any person in occupation.
-
Kibii Koskei v Kiplangat Arap Mutai & 3 others [2016] KEELC 1189 (KLR)
✦ The suit should not be dismissed as the substitution of the deceased plaintiff was allowed by consent and there is no proof that the previous suit has been finalized.
-
Falent Nyongesa Musungu & 76 others v Kapsitweti River Estate Ltd & 5 others [2016] KEELC 1166 (KLR)
✦ The court allows Eldoret Express Limited's application to be an interested party in the suit.
-
Dinah Jekemboi Bartilol & another v Martin S. Ngomat [2016] KEELC 1182 (KLR)
✦ The application is dismissed in its entirety with costs to the respondent.
-
Naserian Enole Kiwuape v Joseph Katam & 5 others [2016] KEELC 1184 (KLR)
✦ The plaintiff is the registered owner and is entitled to exclusive possession of the land. The defendants' counterclaim is dismissed, and they are ordered to vacate the property within 30 days.
-
Joseph Mwangi Theuri & 37 Others V David Gitonga Githinji [2016] KEELC 1186 (KLR)
✦ The suit is dismissed with costs, as the plaintiffs have not been heard in the Land Disputes Tribunal and the decree cannot be executed.
-
Kiprono Arap Soi v Peter Murmumet Tompoi & another [2016] KEELC 1187 (KLR)
✦ The suit is dismissed with costs
-
Kefa K. Were v Benedict Chepkering [2016] KEELC 1167 (KLR)
✦ The Court dismisses the Plaintiff's application for an injunction, finding that the Defendant is the lawful allottee of the land and that the Plaintiff has not demonstrated a prima facie case.
-
Ndiogo Ole Taruru v Mary Benson Kuyo & Selifina Wanjiru Thendeu (Environment & Land Case 5 of 2012) [2016] KEELC 1190 (KLR) (20 January 2016) (Ruling)
✦ The application for stay of execution of the ruling of July 11, 2014, pending appeal to the Court of Appeal is granted, subject to the condition that the plaintiff shall deposit the original title deed to the land parcel CIS Mara/Olpusimoru/51 in court within the next 14 days.
-
Jiweze Development Ltd & 2 others v Jim K. Kairu & another [2016] KEELC 1197 (KLR)
✦ The plaintiffs have demonstrated a prima facie case and the application for injunction is granted.
-
Kimungeny Arap Ruto & 87 others v Lucy Mumbua Mulili & 16 others [2016] KEELC 1193 (KLR)
✦ The suit is dismissed with costs due to the plaintiffs' fraudulent verifying affidavit and authority.
-
Lemitei Ole Koros & another v Attonery General & 3 others [2016] KEELC 1179 (KLR)
✦ The preliminary objection is dismissed.
-
Margaret Wairimu Ngugi & 3 Others v Samuel Ndungu Munyiri & Another [2016] KEELC 1188 (KLR)
✦ The application for injunction is allowed. Defendants must stay out of the suit property pending hearing and determination of the case.
-
Mary Wambui Waweru v Serah Wanja Wachira (sued as the personal representative of the estate of Lyster Wachira Mwangi (Deceased) [2016] KEELC 1192 (KLR)
✦ The court ordered the preservation of the title to the land pending further hearing.
-
Joseph Thugo Gichuhi & Michael Chege v Teresiah Wanjiku Njuguna [2016] KEELC 1146 (KLR)
✦ The court directs the matter to be mentioned before Hon. Lady Justice Gacheru on 12/2/2016, who will deliver a ruling in ELC 24 of 2014, and the parties are to canvass their views regarding the consolidation of ELC 141 of 2007 and ELC 24 of 2014.
-
Ngenda Location Ranching Company Ltd v John Ndung’u Gitaka & 24 Others [2016] KEELC 1195 (KLR)
✦ Application for injunction dismissed with costs
-
J.S. Muriu & 2 others v Kikoy Company Ltd & 3 others [2016] KEELC 1143 (KLR)
✦ The suit is withdrawn due to the sale of the subject land and costs are awarded to the Defendants.
-
Maji Moto Group Ranch v National Land Commission [2016] KEELC 1196 (KLR)
✦ Leave to commence judicial review proceedings granted; stay of any further meetings called by the NLC concerning the Group Ranch
-
Sarah Nasambu Musundi v David Wafula Tela [2016] KEELC 1173 (KLR)
✦ The plaintiff is entitled to an order that the county surveyor re-open the access road. The defendant's counter-claim for eviction is dismissed.
-
Raj Walia V Gabriel M. Wanderi & Another [2016] KEELC 1185 (KLR)
✦ The application is dismissed as the plaintiff cannot be said to have no cause of action as she is entitled to protect her title. The genuineness of the plaintiff's title will be determined after hearing the suit.
-
Carol Construction Engineers Ltd v Naomi Chepkorir Langat [2016] KEELC 1199 (KLR)
✦ The defendant is held to be in contempt, but the plaintiff is allowed to be heard on her application for stay pending appeal.
-
David Sikuku Kones v Bashir Trowet Chemaswet & another [2016] KEELC 1169 (KLR)
✦ The respondent's actions were not in violation of any court order as the orders had been stayed. The applicant's application to set aside the respondent's orders was dismissed.
-
Joseph K Marindich & 4 others v Reuben Yator & 13 others [2016] KEELC 1177 (KLR)
✦ The plaintiffs are entitled to recover the sums pleaded from the defendants on a balance of probabilities.
-
Joseph Barasa Makhanu v Peter nyongesa & another [2016] KEELC 1171 (KLR)
✦ The plaintiff's suit is misconceived. He cannot seek to evict his brothers from land they are entitled to. The plaintiff's suit is dismissed with costs to the defendants.
-
Florence Mbai T/A Fountain Of Life Children’s Home Fountain Of Life Deliverance Fellowship & another v The City Council Of Nairobi [2016] KEELC 724 (KLR)
✦ An order of stay of execution of the decree is granted on condition that the defendant deposits Kshs. 8.5 Million in Court within 45 days of the date hereof, which deposit shall be held as security for performance of the decree. In default, the stay shall automatically lapse.