Kenyan case law

Laser Eye Centre Limited v PBM Nominees Limited [2020] KEELC 1459 (KLR)

✦ The court held that the defendant's notice to terminate the sub-lease was valid and that the plaintiff's request for an extension of the lease was not valid.

Dismas Egesa Osinya v County Government of Busia [2020] KEELC 1559 (KLR)

✦ Allow the application to set aside the judgment and review the decree, and grant leave to recall witnesses and award costs

Musa Cheruiyot Chepkurui v Julia Kaptuya Chirchir [2020] KEELC 1042 (KLR)

✦ The court finds that the plaintiff has not proved his claim against the defendant and is therefore dismissed with costs.

Peter Wahome Kamwenga v Thomas Amani Kalama & another [2020] KEELC 1532 (KLR)

✦ The application is allowed, the orders closing the plaintiff's and defendants' cases are set aside, and the 1st defendant is allowed to cross-examine witnesses and tender evidence.

Andrew Nzeki (Being sued as Chairman of All in Christ Church Tala Region & 6 others v Paul Muema Mwangangi (Suing as Trustee and Chairman on behalf of Gospel Community Church & Ministries [2020] KEELC 1474 (KLR)

✦ The Application for stay of execution is not merited. The Application dated 13th November, 2019 is dismissed with costs.

Lucy Wacuka Mwangi & 3 others v Daniel Masika Sadaka [2020] KEELC 1470 (KLR)

✦ The court grants the application for amendment of pleadings.

Republic v Senior Principal Magistrate Shanzu & 5 others; Two Thirds Investment Limited (Interested Party); Ex-parte Kalama Said Kalama & 40 others [2020] KEELC 1443 (KLR)

✦ The court quashed the decision of the Senior Principal Magistrate Shanzu and prohibited the respondents from acting on the decision with regard to the ex-parte applicants.

Omar Mohamed Masumbuko v Mohammed Mahfudh Saad & another [2020] KEELC 1484 (KLR)

✦ The plaintiff must pay court adjournment fees and costs to counsel, and file the amended plaint within 14 days. Failure to do so will result in the dismissal of the suit.

Paul Ndungu Kariuki & 3 others v Teresia Waithera Wainaina & another (sued as personal representatives of Wainaina Kariuki, Deceased) [2020] KEELC 1473 (KLR)

✦ The court found that the plaintiffs had not occupied the portions of the suit property for more than 12 years and thus were not entitled to adverse possession. The defendants held the portions of the suit property in trust for the plaintiffs under section 37 of the Limitations of Actions Act.

Margaret Kamene Mulwa & another v Paradise Bay Limited & 3 others [2020] KEELC 1548 (KLR)

✦ The Plaintiffs are the rightful, lawful, and bona fide owners of the property KWALE/DIANI/99.

Issac K Mutiboko v Jane Nyakinywa Avugwi [2020] KEELC 1551 (KLR)

✦ The court ordered the plaintiff to file and serve his documents within 30 days of the order and the defendant to do the same within 30 days of being served. The suit was mentioned for a teleconference on October 7, 2020, to fix a hearing date.

Siganga & Company Advocates v Great Lakes University Kisumu; Equity Bank (Kenya) Limited & another (Garnishee) (Miscellaneous Civil Application 25 of 2018 & Miscellaneous Application 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 37, 39 & 41 of 2018 (Consolidated)) [2020] KEELC 1566 (KLR) (30 July 2020) (Ruling)

Peter Macharia Kariuki v James Kibara & another [2020] KEELC 1514 (KLR)

✦ The application is granted in part, vacating the directions made on 24th October 2019 and allowing the reopening of the 2nd defendant's case for cross-examination and re-examination of witnesses.

Mwaura Gitukui Mbembe v Simon Kamere [2020] KEELC 1538 (KLR)

✦ The Court finds that the Defendant has acquired the suit property by way of adverse possession and dismisses the Plaintiff's claim. The Defendant's counterclaim is allowed.

Beth Josiah Nyamai (Suing as the legal representative of the Estate of Josiah Nyamai Musyemi (deceased) v Kalekye Mutiso & 3 others [2020] KEELC 1466 (KLR)

✦ The Application for contempt of court is dismissed with costs.

Mariko Ndwiga v Edith Muthanje (Environment and Land Appeal 19 of 2019) [2020] KEELC 1553 (KLR) (30 July 2020) (Ruling)

✦ The Appellant’s application for stay of eviction order is dismissed.

Mohamed Anwar Adirahman Haji Abass v Memum Abdullahi Mohamed [2020] KEELC 1522 (KLR)

✦ The court finds that the plaintiff has not proved his case against the defendant on a balance of probabilities and dismisses the plaintiff's suit with costs.

Samuel Murigi Waigwa v Francis Babu Mwangi [2020] KEELC 1464 (KLR)

✦ The Court finds that the Appellant/Applicant has an arguable appeal and allows the application with a condition that the Applicant/Appellant deposit Kshs.500,000/= as security of costs within 60 days from the date hereof.

Republic v Task Force on Katelembo Athiani Maputi Farming and Ranching Co-operative Society, Co-operative Society Katelembo Athiani & 2 others Exparte Kanan Dairy Limited [2020] KEELC 1467 (KLR)

✦ The Court found that the Task Force did not have the authority to revoke the title deed and ordered the revocation of the Task Force's decision.

Bencaster Investments Ltd v John Murithi & 3 others; Attorney General & 5 others (Interested Parties) [2020] KEELC 1457 (KLR)

✦ The court found that the 4th interested party was not registered as the leasehold proprietor of the suit properties lawfully and that the sale and transfer of the suit properties by the 4th interested party to the plaintiff was not lawful.

Mike Maina Kamau v Na-Yomie Construction Limited & another; Sabaki Residents Association (Proposed Interested Party) [2020] KEELC 1503 (KLR)

✦ Sabaki Residents Association and its officials are enjoined in the suit as the third defendant.

Anna Syombua & 2 others v Josphat King’oo Musau [2020] KEELC 1545 (KLR)

✦ The court dismisses the application with no order as to costs.

Maria Ndinda Nzoka & 8 others v Domitila Ndunge David & 2 others [2020] KEELC 1523 (KLR)

✦ The court finds that the plaintiffs have established a prima facie case with chances of success in respect to the suit property and its sub-divisions.

Phillip Kibuba Nzioka v Chief Land Registrar & 2 others; Reuben Kavithi Kyungu (Suing as the Administrator of the Estate of Daniel Kyungu Muasya (Intended Respondent/Applicant) [2020] KEELC 1534 (KLR)

✦ The court sets aside the previous judgment and joins the petitioner as a necessary party to determine the ownership of the land.

Kutima Investments Limited v Muthoni Kihara & another [2020] KEELC 1501 (KLR)

✦ The application for stay of proceedings pending appeal is dismissed, and the plaintiff's application for withdrawal of suit is given priority over the applicant's application to amend defence.