Kenyan case law
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Patrick Ndoli Sakwa v Edward Ndege & another [2017] KEELC 1547 (KLR)
✦ The plaintiff's application for a temporary injunction is allowed.
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Republic v National Irrigation Board & another Ex-parte Paul Ikonya Njoroge [2017] KEELC 1182 (KLR)
✦ The National Irrigation Board's Advisory Committee had no jurisdiction to re-distribute the rice holding as it was already subject to the succession cause.
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Njeru Muchira v Agnes Njoki Kige [2017] KEELC 1206 (KLR)
✦ The appeal is dismissed with costs as it is devoid of merit
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Paul Cheruiyot Chepkonga v David Kimeto Kiptabus [2017] KEELC 975 (KLR)
✦ The court finds that the plaintiff is the registered absolute owner of the land and grants a declaration and injunction against the defendant.
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Joshua Saruni Ole Shonko v Teresia Wanjiku Njuguna & 3 others [2017] KEELC 1491 (KLR)
✦ The court dismisses the application with costs to the respondent.
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Njuguna Mwaura Mbogo v EK Banks Limited [2017] KEELC 1587 (KLR)
✦ The court held that the present application is not res judicata and that the court has jurisdiction to entertain the application.
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Registered Trustee Catholic Diocese of Muranga v Micere Njau & 3 others [2017] KEELC 1176 (KLR)
✦ The defendants' Notice of Motion is dismissed with costs to the plaintiff, and the case is listed for hearing.
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Josephine Moraa Nyamweya & Charles Gekonde Otara v Haron King’oina Bogita [2017] KEELC 1614 (KLR)
✦ The court found that the June 3, 2003 agreement was not valid and capable of being specifically performed due to the failure to complete within the agreed period and lack of evidence of an extension. The January 5, 2004 agreement was found to be valid.
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Daniel Kabiru Ndungu & another v Molyn Credit Limited & 3 others [2017] KEELC 1508 (KLR)
✦ The court granted the plaintiffs' application for interlocutory injunctions.
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Emily Wairimu Ciira v Nancy Wanjiru Njuguna [2017] KEELC 1557 (KLR)
✦ The appeal is dismissed, and the applications are also dismissed. The respondent should seek assistance from the executive officer of Githunguri Senior Resident Magistrate's Court to execute the relevant forms.
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In re Mariko Kanyakiri Gakuthi (Deceased) [2017] KEELC 1188 (KLR)
✦ The court found that the 2nd plaintiff has proved she is entitled to orders that she be registered as the proprietor of the suit land having acquired it by way of adverse possession.
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Keiyo Teachers Co-operative Savings and Credit Society v Andrew Ojai & 7 others [2017] KEELC 1540 (KLR)
✦ The application is dismissed as it does not seek leave to re-open the plaintiff's case and seeks to have the Director testify as the last witness in vacuum after the defense case.
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E N M v S M N & another [2017] KEELC 3818 (KLR)
✦ The Plaintiff is legally married to the 1st Defendant. The suit property is a matrimonial property. The 2nd Defendant and his wife are innocent purchasers for value without notice. The Plaintiff is entitled to the orders sought in the Originating summons. Each party should bear his/her own costs.
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Reuben Bett & 9 others v John Kipngetich Koech & 6 others [2017] KEELC 1231 (KLR)
✦ The court will not dismiss the matter due to lack of prosecution.
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Isaac Mwangi Kanyoro v Stephen Wagita Kiboi [2017] KEELC 113 (KLR)
✦ The court found that the plaintiff is the registered proprietor of the suit land and ordered the defendant to deliver vacant possession of the land.
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Ali Abdalla Salim & 2 others (as Trustees of the Tawheed Girls Secondary School Trust) v Abubakar Masoud & another [2017] KEELC 1 (KLR)
✦ The court found that the Defendants do not have equitable rights and interest in the school. The Plaintiffs are the legitimate trustees of the school.
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Monica Jepwambok Rono v Martin Douglas Kipkosgei & 5 others [2017] KEELC 1123 (KLR)
✦ The court granted the application for a temporary injunction.
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Luis Muthini Kitonyi (suing as personal representatives of John Kitonyi Muthini (Deceased) v Konza Ranching & Cooperative Society Ltd [2017] KEELC 1407 (KLR)
✦ Court dismissed the Defendant's Preliminary Objection.
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Robert Mwangi v Springboard Capital Limited [2017] KEELC 11 (KLR)
✦ The Plaintiff's application for injunctive orders was dismissed.
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David Mungai Gitau & Michael Gitau Nganga v another [2017] KEELC 1649 (KLR)
✦ The Plaintiffs are declared the bona fide registered owners of the land. The Land Registrar is ordered to delete the Defendant's name from the titles and cancel any title issued to the Defendant.
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Lakeview Investments Ltd v Ian Magara Bwosiemo & 2 others [2017] KEELC 13 (KLR)
✦ The Sale Agreement dated 16th February, 2010 is valid. The 1st and 2nd Defendants should be compelled to effect transfer of the suit parcel to the Plaintiff.
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Lucy Muthoni & 2 others v Philip Mbithi Kavisu & another [2017] KEELC 1247 (KLR)
✦ The court finds the Affidavit of Service filed by the Plaintiffs to be a forgery and sets aside the orders of June 2, 2016, and any subsequent orders ex debito justitiae. The dispute is referred to the National Land Commission.
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John Nyaga Nthiga v Kithaka Cuvi & 4 others [2017] KEELC 1232 (KLR)
✦ The court accepted the Plaintiff's evidence that he is the registered proprietor of the suit properties. The Defendants' claims of lawful occupation were not proven. The Plaintiff's right of action was not extinguished by operation of law.
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Republic v Njeru Miruri & 2 others Ex parte Robert Ireri Muchiri [2017] KEELC 1239 (KLR)
✦ The court finds merit in the Notice Motion and allows it in terms of prayer No. 1 thereof, with no order as to costs.
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Monica Cyombua Gitari v Director of Public Prosecution & 4 others [2017] KEELC 1246 (KLR)
✦ The court grants a declaration that the failure to investigate the complaint by the Inspector General of Police is a violation of Article 27 of the Constitution.