Kenyan case law

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.

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.

James Mutugi Mwithi & 7 others v Dedan Mugo Mwangi & 7 others; James Mwendamwithi & 2 others (Proposed Respondent) [2021] KEELC 1409 (KLR)

✦ The application for security for the implementation of the judgment is adjourned to a joint hearing with an earlier application for stay of execution.

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.

Kenya Electricity Transmission Co. Ltd v Kibii Arap Biego & 14 others; Eldoret Holdings Co.Ltd (Proposed Intrested Party) [2021] KEELC 1346 (KLR)

✦ The Plaintiff's application to join Eldoret Holdings Co. Ltd as an interested party was dismissed as the transmission line and wayleave corridor have been rerouted and no longer pass through the claimed land (Nandi/Lessos/1024).

Abdul Okoth Masud v Isha Ngoma Abdi [2021] KEELC 1364 (KLR)

✦ The dismissal of the applicant's suit on 14th July 2019 was a mistake occasioned by his counsel. The application is meritorious and the suit is reinstated.

Charles Kimaita Mwithimbu v Edward Mutua M’mwithiga [2021] KEELC 1323 (KLR)

✦ The court grants the application with costs to the respondent, allowing the appeal to be filed within 7 days from the date of the ruling.

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.

Keiyian Group Ranch v Samwel Oruta & 9 others [2021] KEELC 1202 (KLR)

✦ The court has jurisdiction to hear the suit and finds that the Plaintiff is the lawful and registered proprietor of the suit land.

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.

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.

Mwanahamisi Said Mwambodze & 3 others v Mohammed Harif Khan [2021] KEELC 1332 (KLR)

✦ The dismissal of the suit for want of prosecution is set aside due to the applicants not being served with the Notice to Show Cause.

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.

Petro Odongo Omulo v Okinya Mbaja & 2 others [2021] KEELC 1339 (KLR)

✦ The applicant has satisfied the conditions for prescriptive rights by adverse possession and the respondents are ordered to sign the transfer and consent to transfer forms.

Richard Barongo Opanga v Sabina Kerubo Ogori & 3 others [2021] KEELC 1321 (KLR)

✦ The application is dismissed with costs to the Respondents.

Joe Kazungu Yaa Mangi v Director of Land Adjudication and Settlement & another; David Rodney Green & another (Interested Parties) [2021] KEELC 1307 (KLR)

✦ The preliminary objection is dismissed, and the application is allowed.

Jamal Abeid Khamis & 2 others v Ainushamsi Multiple Agencies Ltd [2021] KEELC 1406 (KLR)

✦ The presence of the law firm of Marende Necheza & Company Advocates in the litigation will be prejudicial to a fair trial, and the application is merited.

Lucy Akeyo Oginga v Caleb Ochieng Nyarera (Suing as the legal representative of the estate of Selina Aoko Mbeche-Deceased) [2021] KEELC 1345 (KLR)

✦ The application is allowed, and a stay of execution of the judgment is granted upon terms.

Britam Towers LLP v Aloniab General Trading Limited [2021] KEELC 1352 (KLR)

✦ The court grants the Plaintiff's application for a temporary injunction.

Judith Juma Nyagweth(Suing in her capacity as the Administrator of the Estate of John Omondi Tindo) v Bakari Tembo & another [2021] KEELC 1384 (KLR)

✦ The application is granted, and the suit is stayed pending the hearing and determination of the appeal.

Samuel Ali Ngua v Kalume Charo Baya & another [2021] KEELC 1248 (KLR)

✦ The court finds the applicant's application to strike out the plaintiff's pleadings is not merited.

Benson W Millimo & another v Samuel Gakuru p/a Gakuru & Co Advocates [2021] KEELC 1302 (KLR)

Republic v County Surveyor Vihiga County Ex parte Tom Mahagwa Egosangwa; Matia Ludenyo Luhunza (Interested Party) [2021] KEELC 1353 (KLR)

✦ The court extended the time for filing the Notice of Motion by 14 days and dismissed the application for enlargement of time.

Patrick Mbiyia Matasio (suing as legal representatives of the estate of Matasia Shesese) v Nicholas Hoyet & another [2021] KEELC 1402 (KLR)

✦ The application is dismissed with costs to the first respondent.

Lenny Mwakima v Hussein Abdalla Kai & Fathiya Abdalla Ali [2021] KEELC 1386 (KLR)

✦ The application is res judicata and is struck out with costs to the defendants.