Kenyan case law
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Job Okuna Oyugi & 2 others v Timdhar Said Sherman & another [2016] KEELC 1244 (KLR)
✦ The transfer of the suit property to the 1st Defendant was nullified, and the 1st Defendant is ordered to account for rental proceeds and pay costs.
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Housing Finance Company of Kenya Limited v John Mwashigadi Mwakisha [2016] KEELC 1017 (KLR)
✦ The court found the learned magistrate erred in law and fact in granting the injunction and vacated the same.
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Grace Nakhungu Isuba v Benjamin Ewaditiang Isuba [2016] KEELC 717 (KLR)
✦ The court finds that there was no money provided by the plaintiff and the deceased as claimed.
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Samuel Maina & 4 others v Murugi Kanyeki Ngobu [2016] KEELC 801 (KLR)
✦ The temporary injunction issued on 11th April 2016 automatically lapsed due to non-compliance with the Civil Procedure Rules, and a new temporary injunction was issued against the plaintiffs.
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Harrison Muraguri Ndonga Nephant v Harrison Kamore Kagutu [2016] KEELC 791 (KLR)
✦ The proceedings before the District Tribunal were a nullity due to lack of jurisdiction over registered land, and the appellant is ordered to pay the costs of the appeal.
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Ruth Wanjiru Kahoro v George Gitonga Gitahi [2016] KEELC 560 (KLR)
✦ The application for stay of execution of orders is granted.
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Fort Properties Limited v Director of Physical Planning County Government of Kilifi & 2 others [2016] KEELC 1083 (KLR)
✦ The Notice of Motion is dismissed with costs
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George Kamau Kimani & 4 others v County Government of Trans-Nzoia & another [2016] KEELC 625 (KLR)
✦ The suit is dismissed for being res judicata and abuse of the process of the court.
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Stephen Okoth Otieno & 2 others v Sospeter Ooko [2016] KEELC 172 (KLR)
✦ The court finds that the registration of the Defendant as proprietor of land parcels South Gem/Gombe/145 and 176 is a trustee for himself and his four brothers, who includes the Plaintiffs herein, in equal shares.
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John Kipkeu Kirop & 2 others v Mike Kipkemoi Kirop [2016] KEELC 335 (KLR)
✦ The plaintiffs are the rightful owners of the suitland and are entitled to an eviction order
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Grace Wahu & another v Mumbi w/o Murungi [2016] KEELC 577 (KLR)
✦ The court grants the plaintiffs' application for an injunction to restrain the respondent from interfering with the plaintiffs' possession of the suit property.
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Festus Wanjohi Rukomia v Vincent Gichomo Kamau [2016] KEELC 494 (KLR)
✦ The suit is dismissed for want of prosecution.
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James Ndichu v Margaret Wanjiru Kuria A & 3 others [2016] KEELC 850 (KLR)
✦ The application is allowed, and Nakuru CMCC No. 877 of 2010 is consolidated with Nakuru HCCC No. 133 of 2010 in the Environment and Land Court.
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Wanjiru Muiruri Nduati v Erastus Ndungu Thungu [2016] KEELC 674 (KLR)
✦ The court allows the amendment sought, finding that it is unlikely to occasion any prejudice to the respondent and is not capable of determining the suit preliminarily.
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Stephen Muthaura v National Bank of Kenya Limited [2016] KEELC 859 (KLR)
✦ The application for temporary injunction is granted, and the defendant is restrained from selling the property pending the inter partes hearing.
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Stephen Njaci Mirara v Jacinta Wambui Waruimbo & another [2016] KEELC 527 (KLR)
✦ The Applicant has established adverse possession of a portion of the suit property measuring 0.022 ha. and the application for an injunction is allowed.
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Joseph Kimutai Kiptui v Samuel Kiptum Chelal [2016] KEELC 870 (KLR)
✦ The court finds that the plaintiff has a prima facie case but denies the injunction due to the application being an abuse of court process.
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Zedekiah Ondari Kenyoru v Kitutu Chache South Constituency Development Fund Board & 2 others [2016] KEELC 30 (KLR)
✦ The court ruled that the fees assessed for filing the petition were appropriate and disallowed the reference.
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Joel Aduma Ramogo & another v Jasper Odongo Ochogo [2016] KEELC 744 (KLR)
✦ The Plaintiffs failed to establish encroachment, and the order of injunction and eviction is dismissed.
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Wilson Mwangi Ramson v Mary Nyambura Njuguna & 6 others [2016] KEELC 817 (KLR)
✦ The court dismissed the plaintiff's application to strike out the defendants' defense and entered judgment as prayed in the plaint. The court allowed the interested parties' notice of motion and granted them 14 days to file and serve their respective claims. The plaintiff and defendants were given 14 days to amend their pleadings if necessary. The court ruled that the case may be res-judicata if there is a pending matter in the High Court Nairobi involving the same parties and issues.
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James Kangethu Njoroge v C. Ruthman & another [2016] KEELC 842 (KLR)
✦ The Plaintiff cannot maintain a claim for adverse possession against the deceased's daughter or the chargee of the suitland.
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Lucy Wambui Gichira v County Government of Kirinyaga [2016] KEELC 539 (KLR)
✦ The Petitioner is entitled to the remedies sought in her petition, including a declaration that she is the owner of the plot and an order that she owns the whole of plot No. 254 A Kutus Mjini measuring 50 x 100 feet.
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Peter Mugambi Muchee v Harrison Kirimi [2016] KEELC 1264 (KLR)
✦ The application is allowed, and the plaintiff is directed to comply with order 11, CPR within 21 days of today and the defendant is to do so within 21 days thereafter.
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Isiolo Printing Press v Robe Godana & 3 others [2016] KEELC 83 (KLR)
✦ The application is granted, and the defendants are restrained from further excavations, quarrying, cultivation, constructions, fencing, digging, depositing building material, selling, and interfering with the land until the suit is heard and determined.
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Wanyonyi Chekerie v Domiano Wanyonyi & 2 others [2016] KEELC 1096 (KLR)
✦ The plaintiff has failed to prove a case against the defendants on a balance of probabilities. His suit is hereby dismissed with costs to the defendants.