Kenyan case law
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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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Margaret Wambui Mwangi v District Land Registrar Kirinyaga & another [2017] KEELC 1404 (KLR)
✦ The consent order dated May 2, 2017, is set aside unconditionally, and the status quo as regards the title No. KIINE/THIGIRICHI/527 is maintained.
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Antony Mbogo Nderitu t/a Buffalo Auto Lab v Kenya Railways Staff Retirement Benefit Scheme & another [2017] KEELC 1688 (KLR)
✦ The court lacks jurisdiction to determine the case against the 2nd Defendant as the decision to reject the Environmental Audit Report is subject to appeal to the Tribunal.
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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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Beatrice Matoya & another v Henry Manyange Matoya & 3 others [2017] KEELC 1584 (KLR)
✦ The court dismissed the application as it was made as a miscellaneous application and the orders sought were final orders that could not be made at an interlocutory stage without formal hearing and proof by way of evidence at the trial.
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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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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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Benedict Ndolo Kilonzi v Nyamu Katungo & another [2017] KEELC 1704 (KLR)
✦ Petitioner is declared the lawful owner of the 4 acres of land, and the land is to be excised from the suit land and registered in his name
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Alice C. Juma & another v Esther Chepkurui Magai & 2 others [2017] KEELC 1677 (KLR)
✦ The court granted leave to reissue the summons to enter appearance to the 3rd defendant, granted leave to effect service of the summons through registered post, and granted leave to amend the plaint to include a new defendant.
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Joel Musembi Kithuku v Bernadet Mbatha & another [2017] KEELC 1714 (KLR)
✦ The Plaintiff's application for an injunction and deposit of rental income is dismissed.
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Charles Mutua Muli v Minister For Lands & 2 others [2017] KEELC 1735 (KLR)
✦ The Applicant's suit is incompetent and bad in law, and is therefore struck out with costs.
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Purity Kabari Karuri & 6 others v Nancy Kariuko Ndwiga [2017] KEELC 1487 (KLR)
✦ Application dismissed as it was brought too late in the day after the entry of interlocutory judgment and does not meet the conditions for the orders sought.
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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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Kavini Mulinge v Kimeu Kyule & 4 others [2017] KEELC 1708 (KLR)
✦ The Plaintiff's application is disallowed, and the prevailing status quo is maintained pending the hearing and determination of the suit.
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Nthenya Muia Mutio v Ndeto Kyalo [2017] KEELC 1676 (KLR)
✦ The Title Deed for parcel of land number Okia/Nzuuni/1327 was fraudulently created from parcel of land number Okia/Nzuuni/11, and the Title Deed for the consolidated parcels of land is to be issued to the Plaintiff.
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John Muoki Musau v Mavoko Land Development Co. Ltd & another [2017] KEELC 1711 (KLR)
✦ The Plaintiff's suit is dismissed with costs as it is an abuse of the court process due to the existence of the 2006 Nairobi CMCC No. 14066 matter.
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Dominic Chege Kamondo & 3 others v County Government of Kajiado [2017] KEELC 1700 (KLR)
✦ The court finds it necessary to form its own impression of the circumstances of the case based on the available evidence and transfers the case to the Kajiado Environment and Land Court.
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Murkomen Yano Kiprotich Kipkore Clan (Kakibigen) v Gabriel Kilimo Kanda Chesang (Kartur Clan) [2017] KEELC 148 (KLR)
✦ The application for stay of execution pending appeal is dismissed with costs.
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Lawrence Owino Omondi v Keneth Inea Muyera [2017] KEELC 1387 (KLR)
✦ The court grants the plaintiff leave to amend the plaint to strike out the name of the current defendant and enjoin Jimudu Women Group and Bondeni Primary School.
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Mary Nyambura Maina v Kenya Commercial Bank Ltd & another [2017] KEELC 1346 (KLR)
✦ Issue 1: The court finds that the bank's statutory power of sale crystallized before the advertisement for sale. Issue 2: The court finds that the plaintiff was not properly served with the documents required by law.
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Muruaki Farmers Co-operative Society v Mwangi Njoroge Mwangi [2017] KEELC 143 (KLR)
✦ The defendant is in contempt of court and is committed to civil jail for a period of 6 months.
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Benson Maina Gathithi Mugi & another v John S. Njire Maina & another [2017] KEELC 1636 (KLR)
✦ The application is dismissed as unmerited
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Jane Wambui Macharia v Wais Capital Limited & 7 others [2017] KEELC 1681 (KLR)
✦ The court declines to grant the orders sought by the plaintiff and dismisses the application dated 15/2/2017 with costs to the 1st, 3rd and 6th Defendants.
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Kamau Kung’u & another v Francis Kung’u Njoroge & another [2017] KEELC 1663 (KLR)
✦ Application dismissed with costs
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Japeth Anami Ngaira v Catherine Khakasa Cheng’oli [2017] KEELC 1212 (KLR)
✦ The plaintiff did not meet his part of the bargain and cannot seek specific performance of the agreement.