Kenyan case law
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Susan Wangeci Kiragu & 8 others v Shaban Salim Nyere & 6 others [2016] KEELC 139 (KLR)
✦ The application is granted in terms of prayer 3, 4 & 5 of the motion.
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Susan Wanjiku Karanja v Lawrence Mugambi [2016] KEELC 770 (KLR)
✦ Judgment is entered for the Plaintiff for Kshs. 579,430/= and interest thereon, and the Defendant is ordered to vacate the plot and demolish the building on it.
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Stephen Gichuhi Wachira & 3 others v Michael Muriuki Ngibuini [2016] KEELC 1253 (KLR)
✦ The Appellants/Applicants have not demonstrated substantial loss and there was inordinate delay in filing the Application.
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Stephen King’oo Mbuti & 5 others v Malili Ranch Limited & 2 others [2016] KEELC 948 (KLR)
✦ The plaintiffs' application to strike out the 1st defendant's statement of defence and disqualify E. K. Mutua and Co. Advocates from acting for the 1st defendant is dismissed.
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Jacob Patis Remor v Chepotuturwa Yaraita & another [2016] KEELC 348 (KLR)
✦ The defendants are trespassers on the suitland and should be evicted from it.
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Janed Oburu Odhiambo v St. Josephs Mission Hospital – Migori [2016] KEELC 823 (KLR)
✦ The notice to terminate the tenancy was not premature and the tribunal's decision was not against the weight of evidence.
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William Okiyah Okech v Damaris Kavinza Okeyo & 2 others [2016] KEELC 324 (KLR)
✦ The notice of motion dated 29th September 2015 has merit and is allowed in terms of prayer 3 with costs in the cause on condition that all the rent collected is first employed at servicing the loan that the 1st Respondent guaranteed the Applicant.
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Stephen Okal Odero v Richard Obewa Okuku [2016] KEELC 748 (KLR)
✦ The interlocutory judgment entered on February 11, 2013, is set aside. The defendant is granted fifteen days to file and serve his statement of defense, list of documents, and witness statements. The defendant is also ordered to pay the plaintiff's thrown away costs of Kshs.6,000.
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Susan Sambai Choge & 4 others v Land Registrar & another [2016] KEELC 1003 (KLR)
✦ The restrictions imposed on the plaintiffs' land parcels are oppressive, unjustified, and unlawful and are hereby removed.
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Franklin Kamathi Kamau v Tercy Investment Limited [2016] KEELC 1225 (KLR)
✦ The court cannot set aside the consent order as the condition of payment of throw away costs was fulfilled and the Plaintiff filed the pre-trial documents late but not prejudicially.
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Geoffrey Nganga Njuriba v Attorney General & another [2016] KEELC 1254 (KLR)
✦ The Land Disputes Tribunal was not a competent court to hear the issue of ownership of the suit property, and the defense of res judicata is not available.
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Tarcasio Nyaga Gichuki & 5 others (Suing on behalf and as Officials of Mathari Villagers Self Help Project’s Membership) v Registered Trustees Catholic Archdiocese of Nyeri [2016] KEELC 372 (KLR)
✦ The application is dismissed with costs, and the applicants are ordered to pay the respondent's throw-away costs of Kshs. 10,000 within 21 days from the date of this ruling.
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Teresia Mabuti Njagara v Njagara Ngure [2016] KEELC 482 (KLR)
✦ The application is dismissed with costs to the plaintiff/respondent as it was not filed without unreasonable delay and does not meet the requirements of the law.
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Lucia Muthoni & another v Betha Wanjiru Muriuki & 2 others [2016] KEELC 533 (KLR)
✦ The High Court has jurisdiction to transfer the suit from the subordinate court to itself for hearing the claim for adverse possession.
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Stephen Abu Mukhobi v Daniel Oria Odhiambo & another [2016] KEELC 1290 (KLR)
✦ The Plaintiff/Applicant has demonstrated that if the interlocutory injunction is not granted, he will suffer irreparable injury which cannot be compensated in damages. The balance of convenience tilts in favour of the Plaintiff.
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Zablon Kimindu Mutonyi v Joseph Muchiri Kiburi & another [2016] KEELC 163 (KLR)
✦ The suit is stayed and the parties are advised to pursue their respective claims in KERUGOYA CHIEF MAGISTRATE’S COURT CIVIL CASE No. 300 of 2013.
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Tinga Traders Limited v Patrobas Owino [2016] KEELC 1117 (KLR)
✦ The plaintiff's application is allowed, and the defendant is enjoined from the actions mentioned. The plaintiff is granted the costs of the application.
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Titus Kiragu v Commissioner of Lands & 5 others [2016] KEELC 269 (KLR)
✦ The application to consolidate the two suits is denied
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Thomas Omondi Owako & another v David Oscar Owako & 2 others [2016] KEELC 731 (KLR)
✦ The exparte orders of September 26, 2013, are hereby marked as abandoned and the 1st Defendant is directed to file and serve his reply to the Plaintiffs notice of motion dated 25th September 2013 within the next 14 days.
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Thomas Otucho Bogonko(Suing As A Legal Representative Of The Estate Of OtuchoBogonko) v Benard Kenyatta Kenyanya & 4 others [2016] KEELC 935 (KLR)
✦ The court finds no merit in the application and dismisses it.
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Monica Okwirry v Ken Mbau [2016] KEELC 60 (KLR)
✦ The court denies the plaintiff's request for an injunction and orders that the status quo be maintained pending the hearing and determination of the suit.
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Stephen Muriithi Mathenge v S.S.Mehta & Sons Ltd [2016] KEELC 133 (KLR)
✦ The court orders the defendant to back-fill the site up to 2m below the original river bed level, re-route the river, and supervise the restoration by NEMA. The defendant is also ordered to compensate the plaintiff for the excess murram excavated and to pay the plaintiff's surveyor's fees and costs of the suit.
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Susan Gillian Thomasin Magor v Kenya Electricity Transmission Company Limited & 3 others [2016] KEELC 121 (KLR)
✦ The court allows the application for leave to amend the notice of motion, considering the prejudice can be compensated by an award of costs.
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Stephen Nyapara & 2 others v The Prncipal Director Of Settlement & 3 other [2016] KEELC 244 (KLR)
✦ The consent order is set aside and the parties are at liberty to file a fresh one or let the case be heard on its merits.
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Wainaina Waweru v Wainaina Kamanu & 2 others [2016] KEELC 187 (KLR)
✦ The appeal is allowed, and the decisions of the Appeals Committee and the District Tribunal are overturned. The Appellant is ordered to file a suit for the recovery of LR No. Dagoretti/Uthiru/T.785.