Kenyan case law
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Priscillah Nakhungu Kuloba v Wycliffe Wamalwa Asimani Biketi [2017] KEELC 1478 (KLR)
✦ The court finds no jurisdiction to entertain the application and strikes out the suit and application with no order as to costs.
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John Ntoiti Mugambi, Emily Mutua K & another v Isiolo County Government & 2 others [2017] KEELC 1451 (KLR)
✦ The court declines to grant the orders Ex parte as it has to determine the rights and interests of the petitioners in the suitland. The matter is directed to be heard on priority basis.
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Julius Motokaa Arela v Stephen Mugwira [2017] KEELC 1292 (KLR)
✦ The consent judgment is set aside, and the status quo is maintained.
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David Kipketer Chumo v Geoffrey J. Koskei [2017] KEELC 1147 (KLR)
✦ The application is dismissed as it lacks merit with costs to the Plaintiff/Applicant.
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A N M v Esther Muthoni Wambugu & another [2017] KEELC 1172 (KLR)
✦ The court grants an injunction restraining the respondents from further construction on the suitland and allows the applicant to put up temporary structures.
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Masha Birya Dena v Fred Karl Schumacher & another [2017] KEELC 1438 (KLR)
✦ The court finds sufficient cause to vary the order dismissing the plaintiff's suit and substitutes it with an order allowing the plaintiff's suit in terms of prayers number 3-6 of the originating Summons.
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Edith Riungu & 2 others v Dinah Kaari Riungu [2017] KEELC 260 (KLR)
✦ The file is directed to be removed from the list of pending files and the suit is removed from the register of pending suits.
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Pius Wamalabe Weyusia v Vincent Wafula Chengek & another [2017] KEELC 1484 (KLR)
✦ The court dismissed the applicant's Originating Summons with costs to the 2nd respondent.
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Ruga Gituku v Charles Gachau Wachira & 10 Others [2017] [2017] KEELC 3846 (KLR)
✦ The Plaintiff's claim for adverse possession is dismissed as he was a tenant of the property prior to 1989.
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Ollin Savings And Credit Co-operative Soc. Ltd v Patrick Njiru Kuria [2017] KEELC 1284 (KLR)
✦ The Plaintiff's Notice of Motion is allowed, and an interlocutory injunction is granted.
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Muthanga-Ini Self Help Group & another v Sundown Properties Limited & 4 others [2017] KEELC 1326 (KLR)
✦ The court declines to condemn the petitioners to pay the costs of the suit and instead orders that parties bear their own costs of the suit.
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Grace Martha Mukembu v Kathenya Ruguru & Mukundi Makembo (Environment & Land Case 52 of 2017) [2017] KEELC 89 (KLR) (3 October 2017) (Judgment)
✦ The court declared that the plaintiff's land parcel at Kamathuu, Kathangari Location belongs to the plaintiff. An injunction was issued to prevent the defendants from trespassing, using, transferring, and dealing with the land.
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Kiprono Singoei & another v Bayete Co-operative Society & 2 others [2017] KEELC 1406 (KLR)
✦ Application dismissed with costs
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Jamhuri Douglas Makinya v Douglas Arithi Makinya [2017] KEELC 146 (KLR)
✦ The Preliminary Objection is withdrawn, and no costs are ordered.
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KEB Company Limited v E. K. Barng’etuny & 2 others [2017] KEELC 1382 (KLR)
✦ The suit against the deceased 1st defendant has abated, and the plaintiff's claim is time-barred. The application to enlarge time and enjoin Erick Kipkemboi Barng’etuny is dismissed. The County Government of Uasin Gishu is enjoined as the 2nd defendant.
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Eldoret Express Company Limited v Tawai Limited & another [2017] KEELC 1501 (KLR)
✦ The court granted the application for a stay of execution of the decree for a period of 7 months pending hearing and determination of the appeal.
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Eunice Wairimu Muturi & another v G M Mukuu & 3 others [2017] KEELC 3827 (KLR)
✦ The applicants' application lacks merit and is hereby dismissed with costs to the first respondent.
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Merin Ole Tuyoto & 124 others v Chairman Limanet Group Ranch Committee & 3 others [2017] KEELC 1492 (KLR)
✦ The court directs the case to be heard on merit and on priority basis.
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Isaac Gitoho & 2 others (suing as the Chairman, Vice- Chairman and Committee member respectively of the Runda Association) v Director General, Nema & another [2017] KEELC 1024 (KLR)
✦ The Court upholds NEMA's decision to issue the EIA licence, finding that public participation was adequately ensured through meetings and consultations with the Association and other stakeholders.
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Charles Mutua Muli v Minister For Lands & 2 others [2017] KEELC 1735 (KLR)
✦ The Applicant's suit is incompetent and bad in law, and is therefore struck out with costs.
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Njane Kibiru &another; v Joseph Kimani Gikonyo [2017] KEELC 1543 (KLR)
✦ The court found the respondent's case proved and entered judgment for him. The court dismissed the appellants' counter-claim due to their failure to prove the 2nd appellant's entitlement to a residential plot.
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Elijah Githinji Gachoki & 2 others v Stanley Mugo Muriuki & another [2017] KEELC 1477 (KLR)
✦ An order of temporary injunction is issued against the defendants restraining them from selling, transferring, disposing, charging or in any other way interfering with the plaintiffs' use, possession and enjoyment of the land parcel No. MWERUA/GITAKU/154 pending the hearing and determination of this suit.
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Joseph Ndung’u Murunyu v George Ngugi Murunyu & 2 others [2017] KEELC 1680 (KLR)
✦ The Court ordered a permanent injunction restraining the Defendants from dealing, interfering, alienating, and encroaching the land parcel Ngenda/Kimunyu/1695.
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Naftali Waigwa Kimaru & 2 others v Agnes Kajuju Phanes & 2 others [2017] KEELC 1549 (KLR)
✦ The court finds that the deceased was the legal owner of the suit properties and that the defendants trespassed without justifiable cause. The plaintiffs are entitled to a declaration of ownership, eviction, and injunction.
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Muhu Holdings Limited v James Muhu Kangari [2017] KEELC 1753 (KLR)
✦ The preliminary objection has no merit and is dismissed with costs.