Kenyan case law
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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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Block Seven Developers Limited v Chief Land Registrar & 2 others [2017] KEELC 1552 (KLR)
✦ The application is allowed in part, with leave granted for the applicant to proceed with a judicial review application.
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Joshua Akeyo Ogendo v David Rowland Matende & another [2017] KEELC 1556 (KLR)
✦ The appeal is allowed, and the lower court's judgment is set aside. The appellant is granted a permanent injunction and a declaration of ownership.
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Danson Kitavi Mwania & another v Daniel Kimuyu Michael & another [2017] KEELC 1709 (KLR)
✦ Application dismissed with costs
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Erick Gakuya Mwathaita v Maganjo Joshua Kago [2017] KEELC 1389 (KLR)
✦ The consent judgment cannot be set aside as it was recorded in the presence of the plaintiff's advocate and there is no evidence of fraud or collusion.
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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.
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Laban Muasya v Christine Ngonyi Kiendi [2017] KEELC 1739 (KLR)
✦ The appeal was dismissed for being premature.
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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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John Nyabuto v James Ombaye Orori & another [2017] KEELC 1574 (KLR)
✦ The plaintiff's suit is dismissed as he has not proved his case on a balance of probabilities
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Murandi Kaburunya v Gitonga Makindi & 2 others [2017] KEELC 1705 (KLR)
✦ The Plaintiff has not established a prima facie case with chances of success and the Application is dismissed.
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Khalid Hussein Rehman v Ahmed Mohamed Suleiman Luhar [2017] KEELC 1432 (KLR)
✦ The Court is satisfied that the Plaintiff/Applicant has established a prima facie case since not all the requisite approvals were obtained. Consequently, the orders of injunction will subsist for the duration the NEMA licence is not obtained and to automatically lapse upon the applicant being supplied with a copy of the same.
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Peter Wafula Khaemba v Mary Chelimo Sirima & 6 others [2017] KEELC 1405 (KLR)
✦ The court finds that the plaintiff is the registered owner of the land and the defendants are trespassers. The court orders the defendants to vacate the land within 45 days and grants the plaintiff an order of eviction if they fail to do so. The court also issues a permanent injunction against the defendants.
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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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James Gordon Rege v Joseph Odero Achola (Sued on his behalf and as the Administrator of the Estate of Pitalis Achola Ongiri) & 2 others [2017] KEELC 1759 (KLR)
✦ The Plaintiff's claim is dismissed with costs.
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Daniel Kyuli & 6999 owners of a Sub-Division In Mavoko Town Block 12 v Felix Muthemba & another [2017] KEELC 1726 (KLR)
✦ Application dismissed due to uncertainty in how Plaintiffs acquired the land and Defendants' continuous possession.
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Christopher Ndolo Mbuta & another v Jackson Mutua Kavila & 4 others [2017] KEELC 1722 (KLR)
✦ The suit is not res-judicata and is not time barred.
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Joseph Nthiga Munyi v Nephat Gikunju Kiringa & another [2017] KEELC 1560 (KLR)
✦ The court holds that the Plaintiff has not made out a prima facie case and dismisses the Plaintiff's application with costs. An order of inhibition is issued to prevent any dealings with the suit property pending the hearing and determination of the suit.
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Republic v Chairman Machakos District Land Disputes Tribunal & another Exparte Nancy Kamene Maingi & another [2017] KEELC 1731 (KLR)
✦ The Notice of Motion is incompetent and is struck out with costs to the Interested Party
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Pinnacle Capital Limited v Letoya Ole Kotikot & 2 others [2017] KEELC 1733 (KLR)
✦ The Plaintiff's claim for an injunction is allowed.
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Teresa Kwamboka Ondieki v John Nyangena Riako & 3 others [2017] KEELC 1623 (KLR)
✦ The plaintiff has locus standi and the defendants' preliminary objection is dismissed.
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Elizabeth Wambui Kiragu v Ndirangu Macharia [2017] KEELC 1737 (KLR)
✦ The Defendant's application is allowed, but with conditions.
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Esther Mutile Mutiso v Rose Mueni Schultz & another [2017] KEELC 1725 (KLR)
✦ The transfer to the 1st Defendant is null and void, and the Plaintiff's claim is allowed.
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Danson K. Cheboi & 88 others v Chesang Kiptalai & 10 others [2017] KEELC 1395 (KLR)
✦ The court finds the suit res judicata and strikes it out with costs.
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John Njenga Munene v Simon Irungu Karanja & another [2017] KEELC 1464 (KLR)
✦ Plaintiff's application is well-founded, and the injunction is granted
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Beatrice Mghamba Onyonka v Samwel Onsarigo Ooga [2017] KEELC 1650 (KLR)
✦ The court ordered the land registrar and county surveyor to delineate the physical boundaries of the disputed plots and provide a sketch plan showing their location on the ground.