Kenyan case law
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Paul Kiingati Gatu v Susan Nduta Kimani [2021] KEELC 1480 (KLR)
✦ The current suit is res judicata and the Plaintiff is precluded from instituting the suit.
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Peter Kimani Boro v Mark and Jedy Property Management [2021] KEELC 1446 (KLR)
✦ The Plaintiff/Applicant is not seized of the requisite locus standi to commence and/or maintain the subject suit.
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Nicholas Onyuna Aura v David Otieno Oduor [2021] KEELC 1449 (KLR)
✦ The administrator cannot revive an abated suit against the respondent.
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Mohamud Iltarakwa Kochale & 5 others v Lake Turkana Wind Power Ltd & 4 others; Aaron Iltele Lesianntam & 4 others (Interested Parties) [2021] KEELC 1453 (KLR)
✦ The plaintiffs' application for contempt of court against the 1st defendant is dismissed with costs as the plaintiffs have not proved the alleged contempt to the required standard.
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Dickson Kendagor Chepkiot & another v Simon Cheruiyot & another [2021] KEELC 1436 (KLR)
✦ The court grants the order for temporary injunction.
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Joshua Okioga Omwando & another v Jane Moraa Nyamwaro [2021] KEELC 1422 (KLR)
✦ The court finds that the 1st Plaintiff has locus to sustain a claim against the Defendant.
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Mazera Boma alias Kanybwe & 3 others v Nyae Mrisa Tsuma & another [2021] KEELC 1466 (KLR)
✦ The court found that the respondent's notice of motion was not fatally defective, the order upon which the contempt proceedings were anchored had not expired, and the court did not err in the procedure of finding the appellants in contempt of court.
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Joseph Ombati Nyamwembe v Joseph Mogeni Nyangweso [2021] KEELC 1297 (KLR)
✦ The suit is hereby reinstated with no orders as the Plaintiff was not heard and the Defendant did not assist the court in taking steps to fix a hearing date.
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Bethsheba Betty Adala v Nakuru Workers Housing Co-operative Society Ltd & 2 others [2021] KEELC 1504 (KLR)
✦ The court finds that the consent order is binding and enforceable, and the applicant is entitled to the orders sought in the notice of motion.
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Patrick Mwongera Mugambi & 3 others v Jennifer Kairiari & 2 others [2021] KEELC 1503 (KLR)
✦ The preliminary objection is dismissed with costs, and leave is granted to the respondents to file responses to the originating summons within 14 days.
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John Kivure & 7 others (Suing on their behalf and on behalf of 4,201 members of Kishamba B. Group Ranch v Cabinet Secretary Ministry of Lands, Housing and Physical Planning & 4 others; County Governemtn of Taita –Taveta & Dung Tun Kimbo & 13 others (Interested Parties Respondents) [2021] KEELC 1517 (KLR)
✦ The court held that the Plaintiffs/Applicants' notice of motion application meets the fundamental threshold to warrant the orders of stay of execution or temporary injunction.
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Ainea Kisala v Elam Kisala [2021] KEELC 1523 (KLR)
✦ The Respondent is not in contempt of court and the Notice of Motion Application dated 19.4.2021 must therefore fail and is therefore disallowed.
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Mary Christine Wanja Karanja & another v National Environment Management Authority & 3 others; Runda Evergreen Association Limited & another (Interested Parties) [2021] KEELC 1418 (KLR)
✦ The court granted a temporary prohibitory and mandatory injunction against the 1st Respondent.
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Kasaine Ole Seleka & 4 others v Daniel Kiria Leturesh & 9 others [2021] KEELC 1305 (KLR)
✦ The notice of preliminary objection is rejected as it raises points that require supporting evidence. The irregular joinder and amendments in the plaintiffs' further amended plaint are struck out.
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Serah Wanjiru Kung’u v Peter Munyua Kimani [2021] KEELC 1417 (KLR)
✦ The respondent's application to extend the stay of execution is struck out as it was filed by a law firm that was not properly on record. The respondent's application to amend the judgment to correct the appellant's name is allowed.
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Dalco Trading Centre v Kamaita Imathiu & 3 others [2021] KEELC 1505 (KLR)
✦ The court finds that this is not a suitable case for it to exercise its discretion in ordering for the transfer of the matter to ELC Isiolo and dismisses the application to transfer the suit to Isiolo.
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Philip Kingeno Marindany v Kibilo Kiptonui Mateget [2021] KEELC 1524 (KLR)
✦ The Court finds that the Restraining Orders were not properly served and that the Trial Court had jurisdiction to hear the exhumation application.
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Catherine Kavata Musuva v Safaricom Investment Cooperative Society Limited [2021] KEELC 1447 (KLR)
✦ The court awards the Plaintiff the costs of the suit.
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Dennis Mwangi Nginyi v Alphope Holdings Limited & others [2021] KEELC 1387 (KLR)
✦ The applicant's application is well-founded. The grant of leave shall operate as a stay of leasing, sale or occupation of the multi-dwelling houses or apartments or any of them being constructed by the 1st respondent on the suit property.
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Jeremiah Otemo Okonyo v Registered Trustees African Divine Church & another [2021] KEELC 734 (KLR)
✦ The court grants an order of interim stay of execution of the judgment and decree pending the hearing and determination of the appeal.
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Charles Chebore Chelimo &another; v Jackson Cherono [2021] KEELC 1475 (KLR)
✦ The Defendant's application is incompetent and is hereby struck out with costs to the Plaintiffs.
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Kitambala Marcellin & another v Kapiti Dairies Limited [2021] KEELC 1415 (KLR)
✦ The Court denied the Plaintiffs' request for an injunction and dismissed their suit.
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Omar Hassan v Watson Mogere & 2 others [2021] KEELC 1481 (KLR)
✦ The application is dismissed with costs awarded to the Plaintiff
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Ashish Chandrakant Ravat & another v County Government of Kisumu & another [2021] KEELC 1368 (KLR)
✦ The court denied the orders sought by the Petitioners.
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Prisca Akech Ojunga v Pamela Achieng Ochieng [2021] KEELC 1380 (KLR)
✦ The court finds that there is no evidence of land interchange and that the Plaintiff is the registered proprietor of KISUMU/DAGO/1300. The court grants a permanent injunction restraining the Defendant from interfering with the Plaintiff's property.