Kenyan case law
-
Elkanna Omwenga & another t/a Sea Side Medical Facility v Antoinette Carvalho & 2 others [2019] KEELC 998 (KLR)
✦ The application for a temporary injunction is dismissed with costs.
-
Micheni Kenyatta & another v M’Kea M’Murithi [2019] KEELC 1609 (KLR)
✦ The application is dismissed, and costs are awarded to the respondent.
-
Alexander Barille Abdubah & 17 others v Governor, Marsabit County Government & 2 others [2019] KEELC 1267 (KLR)
✦ The court allows the prayer for temporary injunction but directs the matter to be heard expeditiously.
-
Jane Kirigo Moses (Administratrix of Estate of Moses Kioi Muturi) & another v Lucy Wanjiru Nyaga (Administratrix of the Estate of Joseph Nyaga Wambiti) & another [2019] KEELC 1514 (KLR)
✦ The RLA title is nullified, and the RTA title held by the original plaintiff is upheld.
-
James Mutugi Mwithi v Dedan Mugo Mwangi (Environment & Land Case 1 of 2019) [2019] KEELC 714 (KLR) (1 October 2019) (Ruling)
✦ The application is granted, and the new parcel numbers are inhibited. The application is heard inter partes on 8th October, 2019.
-
Robert Karanja Hezekiah & 2 others v Chief Land Registrar & 2 [others [2019] KEELC 1537 (KLR)
✦ The title of the 2nd defendant was obtained fraudulently and is thus cancelled. The title of the 3rd defendant is also cancelled. The land is to be distributed following the law of succession. The 3rd defendant is permanently restrained from entering the land.
-
Arthur Kamau Kariuki v Chief Land Registrar & 5 others;Agricultural Development Corporation (Interested Party) [2019] KEELC 1516 (KLR)
✦ The titles Nakuru/Moi Ndabi Settlement Scheme/1267 and 1322 are declared invalid and nullified. The valid title to the land is held by the petitioner. The 5th and 6th respondents are directed to give vacant possession of the land within 30 days, or the petitioner may apply for an eviction order.
-
Margaret Wairimu Ngugi & another v Samuel Ndungu Munyiri & 2 others [2019] KEELC 1469 (KLR)
✦ Wamagata Squatters Self Help Group is entitled to ownership and possession of the land parcel Nakuru Municipality/Block 16/835
-
Perikan Moko Parusan v Registrar of Lands Kajiado District & another [2019] KEELC 1589 (KLR)
✦ The court finds the applicant has failed to meet the standard set to cite the 1st Respondent for contempt and disallows the application.
-
Charles Muriithi Wanjau & 2 others v Elizabeth Gacheri Njuguna & 4 others [2019] KEELC 1595 (KLR)
✦ The parcel register for Parcel Number Dagoretti/Mutuini/410 was closed in 1984, and Parcel Number 709 was lawfully subdivided into three parcels.
-
Sammy Muli (suing on his own behalf and that of the Estate of Nzisa Muli the Deceased) v Edward Muli Buna & another [2019] KEELC 1437 (KLR)
✦ The application has no merits and is dismissed with costs to the Respondents.
-
Maingi Uvyu Mwalale v James Mutuku Kyumbua [2019] KEELC 1535 (KLR)
✦ The court finds that the Plaintiff purchased a portion of the land, but the Defendant was served with the succession cause and has occupied the land without the Plaintiff's authority.
-
Beatrice Wanjiru Kamuri v John Kibira Muiruri [2019] KEELC 1445 (KLR)
✦ The court orders that a portion of the defendant's land, Nakuru Municipality/Block 22/3993, be subdivided and added to the plaintiff's land to make it 0.05 Ha.
-
Elizabeth Wanjira Evans v Richard Kipchilat & 2 others [2019] KEELC 1304 (KLR)
✦ The 1st defendant has the better title and the plaintiff's title is nullified. Judgment is entered in favor of the plaintiff against the 2nd defendant for the liquidated sum of Kshs. 2,184,510/=
-
Mary Njeri Ngugi v Federal Investment Limited [2019] KEELC 1520 (KLR)
✦ The title of the defendant was procured through fraud and must be cancelled, and the plaintiff's title must be restored.
-
Christian Wafula Omusolo & 2 others v Pauline Jerotich & another [2019] KEELC 949 (KLR)
✦ The court allows the application and directs the Land Registrar to remove the caution lodged on L.R. No. UASIN GISHU/KIMUMU/107.
-
David Muchiri Gikonyo & another v Jennifer Wangari Kamau & another [2019] KEELC 1196 (KLR)
✦ The court finds that the Plaintiffs have proved on a balance of probabilities that they are the owners of the suit land. The City Council of Nairobi will pay the costs in respect of ELC Suit No. 579 of 2009 to both Joseph Gatonye and Jennifer Wangari Kamau.
-
Joyce Wangeci Ruga (Suing as the Personal Representative of the estate of Ruga Gituku – Deceased) v Philip Sironka & 2 others [2019] KEELC 1601 (KLR)
✦ The application is dismissed as the court did not issue an order for the maintenance of status quo on 24th April, 2019.
-
Dishon Nyutu Muiru v Wesley Cheruiyot Rugut [2019] KEELC 1525 (KLR)
✦ The court declares that the plaintiff, Dishon Nyutu Muiru, has title to the land parcel Nakuru/Sururu/843 and orders the defendant, Wesley Cheruiyot Rugut, to give vacant possession within 30 days of being served with the judgment and decree, and to be forcibly evicted if in default. The defendant is also permanently restrained from entering, being upon, utilizing, or interfering with the plaintiff's possession of the land.
-
George Muiru Kinyanjui v Asaph Mbugua Kibue & 20 others [2019] KEELC 1441 (KLR)
✦ The sale agreement is nullified, and the plaintiff is not entitled to specific performance.
-
Musa Kiprono Ngetich & another v Chepyator Cherono [2019] KEELC 1443 (KLR)
✦ The plaintiffs' case is dismissed with costs due to the fraudulent transfer and the statute of limitations.
-
Power Plant Engineers Ltd v Business Partner International [2019] KEELC 1435 (KLR)
✦ The plaintiff does not owe any money to the defendant and has overpaid the defendant. The defendant must issue a discharge of charge of the suit land and refund the overpaid sum.
-
Michael Kiplangat Cheruiyot v Joseph Kipkoech Korir [2019] KEELC 1494 (KLR)
✦ The plaintiff's claim for title to land parcel 1040 is dismissed as he occupies the defendant's land. The plaintiff's claim for adverse possession is dismissed as the defendant obtained title to land parcel 1026 on February 5, 2014. The defendant is ordered to be evicted from the plaintiff's land.
-
Said Mwinyikai Tomas & 2 others v John Njoroge Mungai & another [2019] KEELC 985 (KLR)
✦ The application is dismissed as the Notice of Motion lacks merit.
-
Esther Cherop Chebelyo v Oriental Commercial Bank Ltd & 3 others [2019] KEELC 1408 (KLR)
✦ The dismissal order will hold fast and deny the plaintiff a hearing for no fault of her own unless set aside. The plaintiff's suit is hereby reinstated.