Kenyan case law
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Mc Connections Limited v Gami Properties Limited [2020] KEELC 1358 (KLR)
✦ The judge recuses himself from the case due to potential conflict of interest.
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Republic v National Land Commission; Families/Clans of Kipboson arap Selumbu & another (Interested Parties) [2020] KEELC 1392 (KLR)
✦ The court quashes the respondent's decision and directs the Ministry of Lands and Physical Planning to facilitate the settlement of the land. Costs are awarded to the ex parte applicants.
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Christoper Ombati Omare v Zebedeo Barongo t/a Barize Agencies [2020] KEELC 1243 (KLR)
✦ The Appellant’s claim for special damages was not properly pleaded and proved.
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Lashad Mohamed Mubarak v County Government of Mombasa [2020] KEELC 1141 (KLR)
✦ Suit struck out and ex-parte applicant advised to file appeal before the County Physical and Land Use Planning Liaison Committee.
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Joseph Rajula Lunani v Donald Oyatsi [2020] KEELC 1166 (KLR)
✦ The Defendant's counter-claim is successful, and he is entitled to some orders. The Plaintiff's claim for the suit land to be registered in his name is denied, and the Plaintiff is found to have committed trespass.
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Mwagambo & Okonjo Advocates v Minister for Public Works, Roads & Transport, County Government of Kajiado & another [2020] KEELC 1349 (KLR)
✦ The court upholds the determination of the taxing officer regarding the instructions fees, as the special damages were not specifically pleaded and the court disregarded the Kshs. 258,000,000 sought by the Decree holder.
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Board of Management Murang’a High School (Suing on behalf of Murang’a High School) v Water Regulatory Board & 2 others; James Muchoki Muthoni (Interested Party) [2020] KEELC 1341 (KLR)
✦ The Court upholds the Preliminary Objection and dismisses the Petition and Notice of Motion, directing the parties to exhaust the dispute resolution mechanism provided by the Water Act.
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Adijah Ruba Ali & another v Haro Qoti Farmers Self Help Group & 2 others [2020] KEELC 1397 (KLR)
✦ The appeal is dismissed with costs to the respondents.
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Joyce Mukwanjiru Gitimbu (legal representative of the Estate of the late Johana Gitimbu Kareria) v Francis Munyua M’Minyori [2020] KEELC 1399 (KLR)
✦ The plaintiff's claim is merited, and the court declares that the plaintiff is entitled to 1.8 acres out of land parcel KIIRUA/RUIRI/1735 by way of adverse possession.
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Erastus Silas Muthamia Marete& Thuranira Marete v Gedion Ikiao & 24 others [2020] KEELC 1395 (KLR)
✦ The appeal is not merited and is hereby dismissed. The lower court file is to be transmitted back to the trial court for determination of the case.
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Mwangi & 16 others v Nyemukia Developers Company Limited (Enviromental and Land Originating Summons 209 of 2016) [2020] KEELC 3987 (KLR) (16 September 2020) (Judgment)
✦ The court declines to grant the orders sought in the plaint because no land reference number was given in respect of which the court could have granted the orders sought.
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M’twamwari M’imanyara & another v David Mukoronia Mutwamwari & 2 others [2020] KEELC 1400 (KLR)
✦ The appeal is marked as SPENT
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Philip Kipchirchir v Cabinet Secretary for Lands & 5 others [2020] KEELC 1194 (KLR)
✦ Petitioner's case for mandatory injunctions is granted
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Johnson Mwangera Njoki & 8 others v Wellington Sanga & 13 others [2020] KEELC 1123 (KLR)
✦ The court allows the application for injunction, restraining the defendants from dealing with the affairs, assets, and properties of the plaintiff and from remaining on or continuing in occupation of the suit properties.
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Kenya Ports Authority & another v Akaba Investment Limited & 8 others [2020] KEELC 1150 (KLR)
✦ The court ordered a stay of proceedings pending the hearing and determination of the appeal pending before the Court of Appeal.
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In re Estate of Njine Mwara (Deceased) [2020] KEELC 1333 (KLR)
✦ The application is dismissed as the Notice of Motion lacks merit and an interlocutory injunction cannot be granted in a Miscellaneous Application.
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M’ Twamwari M’ Imanyara & another v David Mukoronia Mutwamwari & 2 others [2020] KEELC 1391 (KLR)
✦ The court held that the 2nd appellant did not fraudulently transfer the land and that the 1st appellant did not hold the land in trust for the respondents.
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Republic v District Land Adjudication and Settlement Officer (DLASO) Tigania East Subcounty Exparte Solomon Kubai Mugwika; Peter Kaburuto Kinathi (Interested Party) [2020] KEELC 1385 (KLR)
✦ The matter is dismissed with costs to the interested party.
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Kingori Kimbu & 2 others v Leonard Kamenchu & another [2020] KEELC 1386 (KLR)
✦ The court granted a conditional stay of execution of the judgment for one year, with the appellants required to deposit Ksh 450,000 in court within 30 days.
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Remmy Mwanzo Mwandzomari v Rishard Hela Mkuva & 4 others [2020] KEELC 1111 (KLR)
✦ Application for injunction dismissed; petitioner will need to argue his case without the benefit of an injunction and will pay the costs of the application.
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Nassor Mohamed Nahdy v Abdalla Ahmed Omar [2020] KEELC 1374 (KLR)
✦ The court finds that the defendant is entitled to recover the monies expended for building the structure and not otherwise, which amount is Kshs. 9 million. The plaintiff is entitled to a declaration that the defendant holds the building and the benefits accruing there from in rent and mesne profits in trust for the plaintiff, subject to recovery of the sum of Kshs. 9 million by the defendant.
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Anthony Masibo Diffu & another v Mildred Awino Were & 5 others [2020] KEELC 1224 (KLR)
✦ The application is dismissed and the earlier orders of injunction are set aside.
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Estate of Ngigi Karanja (Represented by Njoroge Ngigi Karanja) v Geoffrey Ngotho Njoroge [2020] KEELC 1185 (KLR)
✦ The court does not grant a mandatory injunction for the entire suit land due to the defendant's partial occupation and the quashed decree.
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Abdi Mohamed v Martha Tevulo Muindi & 4 others [2020] KEELC 1188 (KLR)
✦ The application is granted in terms of Prayers No. (3), (4), and (5) thereof.
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Susan Cheboso Mkanda v Versus Eshikuku Girls Secondary School, Josephine Kagonya Mwavali, Board of Management Eshikulu Secondary School, Land Registrar Kakamega County, County Government of Kakamega & Attorney General (Land Case 86 of 2015) [2020] KEELC 1182 (KLR) (4 September 2020) (Ruling)
✦ The court reinstated the plaintiff's suit and set aside the previous dismissal order.