Kenyan case law
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Eastern Bypass Developers Limited v National Land Commission & 3 others [2019] KEELC 1378 (KLR)
✦ The Court dismissed the application, finding that the National Land Commission acted within its mandate and procedural fairness was upheld.
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Mbukoni Holdings Ltd & 16 others v Racheal Nthenya Luvita & 3 others [2019] KEELC 1462 (KLR)
✦ The application is dismissed with costs, and the suit stands dismissed with costs.
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Muia Kivondo Mbaluto v Nzioka Musyoki Ngomo [2019] KEELC 1285 (KLR)
✦ The order of stay is granted on condition that the Appellant deposits Kshs. 159,970 as security for the due performance of the decree within 30 days from the date of the order.
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David Kasamu Musembi v Nyagoto Investments Limited [2019] KEELC 1380 (KLR)
✦ The Application is dismissed with costs as the amendments were introduced outside the ambit of the Application and were not contemplated in the Notice of Motion.
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County Lands Registrar, Kiambu & 2 others v Reuben Wambora Karoba [2019] KEELC 1526 (KLR)
✦ The Court finds the Appellants' Appeal merited and sets aside the Judgment dated and delivered on 22nd March 2018 by Hon C. Kutwa, substituting it with an Order of dismissal of the entire suit as filed by the Respondent with costs to the Appellants.
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Kuria Mbugua v Dick Waweru [2019] KEELC 1334 (KLR)
✦ The court finds that the parties did enter into a sale agreement dated 27th February 2001, and the agreement was valid and enforceable. The Plaintiff is entitled to a portion of the property Title No.Githunguri/Giatheko/740, but not the entire parcel.
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Republic v Deputy County Commissioner, Lower Yatta Sub-County & another Exparte Matheka Sini [2019] KEELC 1415 (KLR)
✦ The Application is dismissed with costs as the 1st Respondent is not under any legal obligation to review his orders of 21st February, 2017, and the only available prayer to the Applicant was to apply for an order of certiorari to quash the decision of the 1st Respondent.
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Daniel Mule Musau & Philip Muilu Musau (Suing as legal administrator’s Ad litem of the Estate of Musau Muilu Mwova – Deceased) v Titus Ndambuki [2019] KEELC 1412 (KLR)
✦ The purported sale of the suit land is null and void.
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Republic v Attorney General & another Exparte Joyce Muthoni Michuki [2019] KEELC 1510 (KLR)
✦ The applicant's claim for judicial review order of mandamus is not merited and is therefore disallowed.
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Maggie Mbogo Macniven t/a Garden of Eden Restaurant v North Lake Limited & 2 others [2019] KEELC 1152 (KLR)
✦ The Plaintiff is entitled to a permanent injunction against the 3rd Defendant for unlawful entry and trespass. The Plaintiff is also entitled to exemplary damages for the 3rd Defendant's high-handed actions.
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Boniface Mutisya Maeke v Francis Mutua Ngii [2019] KEELC 1450 (KLR)
✦ The Applicant is entitled by adverse possession to be registered as the absolute proprietor of the land
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Anthony Ndunda Mwaniki v Wavinya Bernard Nzomo [2019] KEELC 1470 (KLR)
✦ The Plaintiff's amended plaint is allowed, and a permanent injunction is issued restraining the Defendant from remaining on the land.
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Safaricom Staff Pension Scheme Registered Trustees v Erdemann Property Limited & 3 others;Everest Limited & another (Interested Parties) [2019] KEELC 972 (KLR)
✦ The Application is dismissed with costs to the 1st and 3rd Respondents.
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David Kimoye Kalani v Mailu Muthusi [2019] KEELC 1324 (KLR)
✦ The Defendant's Counter-claim fails, and the Plaintiff's claim is upheld.
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Ndovu Builders & General Contractors Ltd v Attorney General & 6 others [2019] KEELC 1409 (KLR)
✦ The amendments made by the District Surveyor were unprocedural and null, void and of no legal effect. The Plaintiff is the legal owner of land parcel 2601.
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Republic v Land Disputes Tribunal Chairman, Kangundo Division & another; Peter Mutuku & 2 others (Intended Interested Parties); Francis Mutuku Wambua (Interested Party); Ex Parte Philip Kieti Kitonyi & another [2019] KEELC 890 (KLR)
✦ The Tribunal's decision is null and void, and the court's orders are set aside.
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Kimeu Kithambu v Nzula Mutisya & another [2019] KEELC 1372 (KLR)
✦ The interlocutory and final judgments against the Defendants/Applicants are set aside.
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Republic v National Irrigation Board & another; Felicita Micere Cubi & 2 others (Interested Parties) Chubi Kangangi Ex Parte [2019] KEELC 916 (KLR)
✦ The Court can issue orders of certiorari to remove to this Court and quash the decision of the Respondents dated 10th July 2015 in respect of rice holding number 1972 Mwea Section Unit M 15.
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Eric Mailu t/a Mailu & Mailu Consulting Partners v Iluluwe Development Company Ltd & 8 others [2019] KEELC 1461 (KLR)
✦ The Application is dismissed with no order as to costs. The suit stands dismissed as ordered by the court on 14th November, 2018.
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Richard Kennedy Masinde v Mwananchi Credit Ltd;Mary Rita Wanjiru t/a Mistan Auctioneers (Interested Party) [2019] KEELC 1456 (KLR)
✦ The Plaintiff's application is allowed, and the Defendant is restrained from selling the suit land pending the final determination of the suit.
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Jones Mululu Mueke v Simon Mwaniki Kaunga & another [2019] KEELC 1460 (KLR)
✦ The court dismisses the application with no order as to costs.
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David Muasya Mukeku & 2 others v Philip Muasa Mbaluto [2019] KEELC 1321 (KLR)
✦ The Plaintiffs' suit is dismissed with costs as they have not proved their case on a balance of probability.
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Kapa Oil Refineries Limited & 7 others v Export Processing Zones Authority & 2 others [2019] KEELC 1395 (KLR)
✦ The Court held that the Plaintiffs' private sewer line was not transferred to the 3rd Defendant and that the 1st Defendant has the authority to charge fees for discharging effluent outside the Export Processing Zone.
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Pinnacle Developments Ltd v National Land Commission & 2 others [2019] KEELC 1413 (KLR)
✦ Court dismisses the Preliminary Objection and finds it has original jurisdiction to determine the legality of the 1st Defendant's decision and the issue of ownership of the suit land.
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David Kahuria Karimi v Taipan Property Management Ltd [2019] KEELC 1320 (KLR)
✦ The application for injunction is allowed.