Kenyan case law
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Melisa Buluma v Jane Adhiambo Tambo [2020] KEELC 1404 (KLR)
✦ The court found that the Magistrate erred in finding that the issue for determination in the appellant's suit was a boundary dispute, thus the court lacked jurisdiction. The court also found that the appellant was entitled to eviction orders as her evidence was uncontroverted.
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David Odhiambo Ooko v Helida Akoth Oduor & another [2020] KEELC 1405 (KLR)
✦ The Plaintiff failed to prove his case of adverse possession and the court dismissed the application.
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David Kamunya Kingori & another v Wambui Nderitu & 4 others [2020] KEELC 1408 (KLR)
✦ The court held that the defendants are not registered proprietors of the land in trust for themselves and that the trust should terminate. The registration of parcel Nos. BUNGOMA/KIMININI/2122-2126 should be cancelled and the register rectified so that the land reverts to Title No. BUNGOMA/KIMININI/753, which should be shared among all the children of the late John Mwangi Kingori Gathirimu and Ruth Nyokabi Kingori.
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Peter Masakwi Mogori (Suing as the Personal Representative of the Estate of Paulo Wangkio alias Paul Wankio Getari-Deceased) v Christopher Nyamohanga & 2 others [2020] KEELC 74 (KLR)
✦ The court finds that it is devoid of jurisdiction over the instant application and strikes out the application.
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Farmers Trust Limited v Registered Trustees of Agricultural Society of Kenya (Environment & Land Case 250 of 2019) [2020] KEELC 1402 (KLR) (Environment and Land) (19 August 2020) (Ruling)
✦ Granting an interim measure of protection to restrain Defendant from leasing, licensing, transferring, developing, parting with possession, vesting its rights on any third party or otherwise changing the character of the land specified in the First Schedule to the Concession Agreement without Plaintiff's consent for 18 months pending hearing of ICC Arbitration Case No. 23993/TO of 2018.
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Dinesh Construction Limted & 5 others v Mohamed Adan Mohamed & 5 others [2020] KEELC 1403 (KLR)
✦ The court finds that the 6th Plaintiff, SAS International Trading Limited, is the rightful owner of the Suit Property. The 1st to 3rd Defendants' counterclaim and the 4th Defendant's amended counterclaim are dismissed. The court grants the plaintiffs' prayers 7, 8, 9, and 10 of the Amended Plaint dated 15/12/2011.
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John Waboi Mwangi & another v Commissioner General of Prisons & 2 others; Ethics & Anti-Corruption(Intended Interested Party) [2020] KEELC 1420 (KLR)
✦ The application is dismissed with costs to the Respondents and the Interested Party.
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Registered Trustees of the Diocese of Embu v Beatrice Nthia E Nyaga,Cosmas N.E. Kathungu,Mwenendega Entrprises Ltd,Gilbert Waitti Muchiri & Agnes Wawira Ireri (Environment & Land Case 125 of 2014) [2020] KEELC 1422 (KLR) (13 August 2020) (Ruling)
✦ The court grants the application and orders the Deputy Registrar to sign the necessary documents for the transfer of the land parcel to the plaintiffs. The District Land Registrar is also ordered to dispense with the production of the original title deed for the transfer process. The costs of the application are awarded to the applicant.
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Patrick Kathurima Njiru v Richard Kiriinya Muriungi & 5 others [2020] KEELC 1425 (KLR)
✦ The court grants a temporary injunction to prevent the 1st to 4th defendants from entering into, threatening eviction of tenants, demolishing buildings, occupying or undertaking any activity on the specified parcels of land.
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Zakayo Kamenchu v Jennifer Kanario Ikiao & another [2020] KEELC 3963 (KLR)
✦ The application is certified urgent, but the prayer for a stay of the May 27, 2020 ruling is denied. The prayer for a stay of the intended appeal will be considered at a later date.
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Isaiah Mbaabu & 2 others v Land Adjudication & Settlement Officer Igembe South District & 4 others [2020] KEELC 1423 (KLR)
✦ The court grants the application for a stay of execution and leave to appeal out of time, certifying the application as urgent and placing it before the Hon. Justice Lucy Mbugua for hearing.
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Dalco Trading Centre v Kamaita Imathiu & 3 others [2020] KEELC 1426 (KLR)
✦ The application is granted, and the O.C.S. Tunyai Police Station is ordered to desist from implementing the order granted on 4th April, 2019 in Marimanti PMCC No. 45 of 2019, which is now Chuka ELC No. 18 of 2019. The application will be heard interpartes on 21st October, 2020.
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John Omuse v Sifrosa Akumu Oburon [2020] KEELC 1413 (KLR)
✦ Temporary injunction is granted to restrain Plaintiff/Respondent from selling, cutting down trees, making bricks, and undertaking new construction on the suit land
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Peter Mucheru Njuguna & 7 others v Attorney General & 4 others [2020] KEELC 1454 (KLR)
✦ Application for orders of stay of execution of the judgment and decree pending the hearing and determination of an appeal is dismissed. Application for conservatory orders is dismissed.
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Margaret Mukonatho v Attorney General & 4 others [2020] KEELC 1437 (KLR)
✦ The court denies the urgency of the matter and places the application before the Hon. Lady Lucy Mbugua, ELC Judge, at Meru on 19th August, 2020.
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Loisia Letoluai v Kamogi Limited [2020] KEELC 1448 (KLR)
✦ The suit is not time barred and the Applicant's suit and application were not dismissed.
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Paul Njeru Mwathe v Vidya Thira Mwathe & 3 others [2020] KEELC 1452 (KLR)
✦ The application is certified urgent and the restraining order is granted. The application will be heard on September 22, 2020. The defendant is ordered to transfer 2.6 acres from Land Parcel Numbers KYENI/MUFU/7142 to 7148 to the plaintiff.
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Luka Wagana & 2 others v Charles Alexander Kiai & another [2020] KEELC 1455 (KLR)
✦ The application is not competent before the court as it cannot be challenged under the Civil Procedure Rules but must be initiated by a chamber summons as per the Advocates Remuneration Order.
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Laureen M. Isiaho Sawe P/A Isiaho Sawe & Company Advocates v Teresa Chebichii Rutto & 2 others [2020] KEELC 3977 (KLR)
✦ The court dismissed the defendant's application with costs to the plaintiff.
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Leonard Kimeu Mwanthi v Rukaria M’Twerandu M’Iringu; Nathaniel Kithinji Ikiugu & 4 others (Intended Interested Parties) [2020] KEELC 1456 (KLR)
✦ The application is certified urgent and will be heard by Hon. Justice Lucy Mbugua on 19th August, 2020.
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Christine J Kirwa v Priscah Jelagat & 2 others [2020] KEELC 1044 (KLR)
✦ The court dismissed the plaintiff's suit as it was not proper as filed and the plaintiff had not exhausted the available mechanisms to challenge the award of the Land Disputes Tribunal.
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Majani Estates Limited v Muthoni Nkonge & 8 others [2020] KEELC 1451 (KLR)
✦ The court issues a temporary injunction restraining the defendants from interfering with the plaintiff's use of the land.
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David Cullen v Samuel Kaptalai Cheptoo & 2 others [2020] KEELC 1010 (KLR)
✦ The court granted the application for stay of execution pending the hearing and determination of the appeal.
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Jared Kiprotich Biwott & another v Jonathan Kibe [2020] KEELC 1009 (KLR)
✦ The plaintiffs are the rightful owners of the suit land and are entitled to the protection of the law.
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Rassul N Mwadzaya v Secretary, County Government of Kilifi & another [2020] KEELC 1356 (KLR)
✦ The court is functus officio and the Plaintiff's application is struck out.