Kenyan case law
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Simon Kibet v Chepkwony Arap Choge & another [2016] KEELC 655 (KLR)
✦ The application for leave to amend the plaint is allowed, and the plaintiff is at liberty to file an amended plaint after giving notice to the Government. The applicant will shoulder the costs of the application.
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Zain-Ul-Abdin Saleh & another v David Mamure Nyundo & 2 others [2016] KEELC 451 (KLR)
✦ The Plaintiffs have established a prima facie case and the injunctive order is granted.
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Stefano Poli v Ashiono Donald Shibachi [2016] KEELC 386 (KLR)
✦ The court finds that the Plaintiff's failure to attend the hearing on 3rd October, 2016 was due to lack of due diligence and not a clerical error.
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Stanley K. Chemngorem v Francis K Mibei & another [2016] KEELC 301 (KLR)
✦ The application for joinder of applicants as interested parties is allowed. The applicants are enjoined as interested parties to the suit and are at liberty to file any application they wish.
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Solomon G. Ngwatu v Tinga Dume Tsuma [2016] KEELC 762 (KLR)
✦ A permanent injunction is granted against the Defendant from trespassing on the Plaintiff's property. The Defendant is ordered to pay the Plaintiff's costs.
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Wilfred Pkemei Ndiema v Zachariah Kiprotich Chepngetich [2016] KEELC 910 (KLR)
✦ The court orders the Defendant to surrender the original title deed and the Plaintiff to proceed with the transfer of the land.
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William Lokapel v Veronicah Lokapel [2016] KEELC 1170 (KLR)
✦ The court allows Veronica's application to amend her defence and introduce a counter-claim, directing that the amended defence and counter-claim be filed and served within 14 days from the date of the judgment.
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Isaac Wepukhulu Khamala v Elizabeth Simiyu Walunywa [2016] KEELC 1090 (KLR)
✦ The Preliminary Objection is dismissed with costs to the plaintiff.
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Isaac Maobe Okeri v Magero Nyaosi Alias Maute Okeri [2016] KEELC 738 (KLR)
✦ The applicant's Notice of Motion has merit and the respondent's originating summons is struck out. The applicant is awarded costs.
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Hedwig – Hrt Mitterlerlehner Ulrich v Jemdrocl Spin [2016] KEELC 1137 (KLR)
✦ The notice of motion dated 26.4.2015 is lacking in merit and is dismissed with costs to the plaintiff/respondent.
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Vanasia Irima Nyaga v Gerald Nyaga Mwaniki [2016] KEELC 819 (KLR)
✦ A temporary order of injunction is issued restraining the respondent from selling, disposing, alienating or transferring the properties pending the hearing of the suit.
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Helekiah Ong'any Masara & another v Elisha Oguya Ogada Alias Oguya Ogada & another [2016] KEELC 721 (KLR)
✦ The application is dismissed with costs as the applicants have failed to establish a case upon which temporary injunction would issue against the respondents at this interlocutory stage.
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Gamari Abdalla Difini v Adi Mwalimu Adi Mwalimu Interested Party Bakari Mohamed Abdurahman [2016] KEELC 1154 (KLR)
✦ The Application is dismissed with costs.
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Mount Pleasant Limited v John Kimely Birech [2016] KEELC 198 (KLR)
✦ The interlocutory judgment is set aside, and the Defendant is granted leave to file his defence within 7 days.
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James Kimani Horeria v James Oscar Katua (Sued on his own behalf and on behalf of Margaret Mary Katua (Deceased) & 3 others [2016] KEELC 186 (KLR)
✦ Declining to grant injunction, order to maintain status quo pending trial
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Victoria Distributors Ltd v Synohydro Corporation [2016] KEELC 93 (KLR)
✦ The court finds no merit in the notice of motion and dismisses the notice of motion with costs.
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William Kiprop Kimaiyo v Musa Kipchirchir Arusei [2016] KEELC 33 (KLR)
✦ The subsequent suits are stayed until the suit herein is heard and determined.
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James Mwangi Ngari v James Mwangi Gikaru & another [2016] KEELC 329 (KLR)
✦ The court dismissed the appeal and found that the respondents had sufficient interest in the property as tenants of third parties, not as tenants of the appellant.
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William Osimita Emasete & another v County Government of Busia [2016] KEELC 5 (KLR)
✦ Status quo to continue, right of appeal in 30 days.
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Mwangi Kairu (suing as the personal representative of Esther Njoki Mwangi) v Murebu Mwangi Kimotho [2016] KEELC 666 (KLR)
✦ The court finds that the delay was inordinate but reasonable, and the suit is not dismissed. The plaintiff is ordered to set down the originating summons for hearing within 45 days.
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Thuo Commercial Agencies Limited v Kenya Airports Authority [2016] KEELC 346 (KLR)
✦ Application for injunction allowed
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Jane Wanjiru Njoroge v Elizabeth Wairimu Mwarenge [2016] KEELC 497 (KLR)
✦ The Plaintiff's application is dismissed. The Defendant is ordered to sub-divide and transfer a portion of 1 acre of land to the Plaintiff within 60 days. If the Defendant fails, the Plaintiff can carry out the sub-division.
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Jeremiah Chelanga (suing as the Guardian ad Litem of John Chelanga Chepkonga v Board of Management Kamatony Primary School & 3 others [2016] KEELC 646 (KLR)
✦ The court grants an injunction restraining the respondents from creating a road of access on the suitland until the suit is heard and determined.
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Sharuq Amin Sokwala v Mahendra Bhanuprasad Pancholi & another [2016] KEELC 1067 (KLR)
✦ The court finds merit in the motion and allows it, restraining the firm of Gikandi & Company Advocates from representing the Plaintiff. The court orders that each party bears their costs of the application.
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Tegat Tea Factory v Joshua Cheruiyot Sigei [2016] KEELC 353 (KLR)
✦ The court allowed the plaintiff's application for eviction and issued an order for the defendant to vacate the land. The court also directed the firm of Hegeons Agencies to execute the order of eviction and ordered the OCS Kuresoi Police Station to provide security.