Kenyan case law
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Esther Wamwere Nyori & another v Esther Mwihaki Macharia (Sued as Administratix of the Estate Of Gitari s/o Theuri Alias David Muchiri Theuri & another [2016] KEELC 645 (KLR)
✦ The plaintiffs' claim for adverse possession against the estate of the deceased person is unsustainable, and the claim herein is lacking in merit and dismissed.
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John Mwangi Ndegwa v Eliud Macharia Maina & another [2016] KEELC 102 (KLR)
✦ The Notice of Motion is dismissed with no orders as to costs. An order of inhibition is placed on the land parcel No. LOC 15/GEITWA/70 for 12 months.
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Evans Kaleka Sogomi v District Land Registrar, Uasin Gishu & 6 other [2016] KEELC 272 (KLR)
✦ The court grants the application for extension of time to file the Notice of Appeal and orders that there be no further dealings in respect of the suit property until the determination by the Court of Appeal of the envisaged appeal.
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Fairview Estate Limited v Ann Wangari Kirima & 2 others [2016] KEELC 129 (KLR)
✦ The Plaintiff's application for an interlocutory injunction is denied.
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Gideon Gilbert Ochiel v Jane Akumu Migwambo [2016] KEELC 945 (KLR)
✦ The plaintiff's application is allowed. The order made on 27th November, 2014 is set aside and the suit is reinstated for hearing on merits. The plaintiff shall pay thrown away costs to the defendant.
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Wedo Abadira Guyo & 2 others v Bocha Kukuyu Komonani others [2016] KEELC 582 (KLR)
✦ The court dismisses the Plaintiffs' application with no orders as to costs and directs that the trench/valley serving as a boundary be maintained pending the hearing and determination of the suit.
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Johnson Gatheru Mwaura v Patrick Chome Ngala & 9 others [2016] KEELC 578 (KLR)
✦ The court dismisses the Plaintiff's application and maintains the status quo pending further proceedings.
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Serah Wanjiru Migwi & another v Njoki Njenga [2016] KEELC 634 (KLR)
✦ The court allowed the appeal but subject to payment of throw away costs.
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J C K v J L [2016] KEELC 317 (KLR)
✦ The court finds that the defendant chased away the plaintiff from the matrimonial home and that the plaintiff is entitled to remain and utilize the two properties.
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John Kundu Khisa v Kennedy Khisa Kundu [2016] KEELC 518 (KLR)
✦ The applicant's application is dismissed with costs to the respondent.
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Jeremiah Musembi Kikuvi v Ali Ibido Yusuf & 2 others [2016] KEELC 1014 (KLR)
✦ The Plaintiff's claim for rectification of the register and cancellation of the title deed issued to the 1st Defendant is dismissed.
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Wambui Munene & another v Michael Ndichu Mwarua (being sued as the legal representative of the Estate of Joseph Ndichu Mwaura (deceased) & 2 others [2016] KEELC 307 (KLR)
✦ The application is dismissed as the applicant does not hold letters of administration for the estate of Joseph Ndichu Mwaura.
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Wills Ocholla v Mary Ndege [2016] KEELC 754 (KLR)
✦ The court upholds the Defendant's preliminary objection and strikes out the Plaintiff's suit with costs.
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S O O & 3 others v Derek Otieno Oluoch [2016] KEELC 210 (KLR)
✦ The court finds that the defendant has not disobeyed the court order and dismisses the plaintiffs' application.
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Jacob Mungiria v Ikuyua M'Itonga [2016] KEELC 1216 (KLR)
✦ The application is allowed, and the applicant is ordered to file and exchange apposite documents including a defence within 14 days.
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Moreen Hill v Checki Wood [2016] KEELC 1123 (KLR)
✦ The Plaintiff's Application is allowed, and the Defendant is ordered to move Beacon L1 to the correct position.
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Yashwant Raivyas v Leah Karangi & 3 others [2016] KEELC 1240 (KLR)
✦ The Plaintiff/Applicant has proved, on a prima facie basis, that he is indeed the duly registered proprietor of the suit property and is entitled to all the rights appurtenant thereto, including exclusive possession of the suit property.
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Job Waweru Kariuki v Ann Wambui Karioki & another [2016] KEELC 1229 (KLR)
✦ The court dispensed the Notice of Motion and extended the orders to give a date for a pre-trial conference
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Yako Supermarket (K) Ltd & another v National Land Commission & 4 others [2016] KEELC 416 (KLR)
✦ The court found the 4th Respondent non-existent and struck out the petition and notice of motion against them.
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Japheth Otieno Odera v Siaya District Land Tribunal & 2 others [2016] KEELC 788 (KLR)
✦ The court directed the Land Registrar to cancel the entries and revert the land to Okelo Obado, deceased, as the transfer was done without adhering to the Law of Succession Act.
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Hadija Bilali Salim v Hamisi Juma & 5 others [2016] KEELC 58 (KLR)
✦ The court finds in favor of the Plaintiff, Hadija Bilali Salim, and orders the Defendants to vacate the suit property.
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Paul Kiprop Chesire & 72 Others (All being member of Kokwenbei Community Based Organization) v National Land Commission & another [2016] KEELC 1200 (KLR)
✦ The application for injunction is dismissed as it would be akin to a stay of judgment in previous cases, and the plaintiffs have already been restrained from the land.
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William Anyenda v Enock Bulimo & others [2016] KEELC 916 (KLR)
✦ The Plaintiff's application for stay of execution is dismissed with costs to the Respondents
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Mathew M. Kitsao & 43 others v Chandan Jethanand Gidoomal & 10 others [2016] KEELC 59 (KLR)
✦ The application is dismissed with costs.
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Vincent Mugambi Ikaiga v Esther Njoki Kimathi [2016] KEELC 765 (KLR)
✦ The Consent Judgment is adopted, and an inhibition order is placed over land parcel Abogeta/L-Chure/1675 as security for the refund of Kshs. 400,000.