Kenyan case law
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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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Augustine Barasa Khisa Nawanje v Eunice Mugure Muchori (suing as an Administratrix of the Estate of the Late John Muchori Baiya) [2017] KEELC 1435 (KLR)
✦ The plaintiff's application for a temporary injunction is dismissed with costs to the defendant.
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Margaret Mary Nanyama v Vipul Ratilal Dodhia Lodhai & another [2017] KEELC 1537 (KLR)
✦ The plaintiff/applicant has established a prima facie case to warrant the grant of a temporary injunction.
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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.
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Joshua Kiprop Kisorio v Julius Kisorio & another [2017] KEELC 1291 (KLR)
✦ The plaintiff and defendants are restrained from evicting or threatening to evict the tenants from the suit premises until the hearing and determination of the suit.
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Raphael Kibusi v Peter Siriria [2017] KEELC 1394 (KLR)
✦ The application is dismissed with costs to the defendant
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Phylis Katoti Maingi v Mwana Wikio Co-operative Society [2017] KEELC 1672 (KLR)
✦ The Preliminary Objection is dismissed with costs to the Plaintiff.
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John Mwangi v Joan Nabangala Musungu [2017] KEELC 1431 (KLR)
✦ The court grants the plaintiff's application for a temporary injunction to prevent the defendant from burying her mother's remains on the plaintiff's land.
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Nesco Services Limited & another v City Council of Nairobi [2017] KEELC 1741 (KLR)
✦ The Plaintiffs' suit is dismissed with costs to the Defendant
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Laurency Njeri Gatimu v Samuel Muiruri Kamwaro [2017] KEELC 1670 (KLR)
✦ The court finds that the applicant has established a right of adverse possession over the land and grants judgment in her favor, transferring the land to her.
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Mwangi Mbuthia Karumba v Hellen Wanjiku Manyeki [2017] KEELC 1607 (KLR)
✦ The Plaintiff has established a cause of action and the boundaries between the parcels are to be rectified.
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Beverly Wamburi King’ori v David Kiprotich Arap Too & 2 others [2017] KEELC 1771 (KLR)
✦ The court finds the 1st respondent's preliminary objection has merit and upholds it, striking off the petition and notice of motion dated 6th March, 2016 with costs to the 1st respondent.
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Margaret Wanjiru Wandia v Metumi Power Company Limited [2017] KEELC 1661 (KLR)
✦ A temporary injunction is granted restraining the Defendant from entering, encroaching, constructing, damaging, degrading, or interfering with the Plaintiff's possession and proprietary rights over the land.
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Andrew Njoroge Mburu v NIC Bank Ltd & another [2017] KEELC 1511 (KLR)
✦ The court found that the plaintiff is not in arrears and that the defendants have the right to exercise their statutory power of sale.
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Patrick Gitari Kenya & another v Felix Murithi & another [2017] KEELC 1736 (KLR)
✦ The request for judgment is dismissed.
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Ambrose Kimani Mwangi & 30 others v Stephen Irungu & another [2017] KEELC 1610 (KLR)
✦ The applicants have not demonstrated a prima facie case with the probability of success and the court orders status quo.
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Chelimo Chemobo v Julius Kurgat [2017] KEELC 1315 (KLR)
✦ The court grants the plaintiff's application for a temporary injunction to restrain the defendant from using the land until the suit is heard and determined.
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Peter Nderitu Mutah & 2 others v Karuga Njenga [2017] KEELC 1396 (KLR)
✦ The court held that the plaintiffs have established adverse possession over the land parcel No. I.R. 71310 measuring 5 acres, 4 acres, and 4 acres, and the defendant's title over the same land parcel measuring 23 acres has been extinguished by adverse possession.
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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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John Kipkirong Ng’etich v James Kiprop Agu Ngetich & 4 others [2017] KEELC 1541 (KLR)
✦ The application for contempt is dismissed as the defendants were not in contempt of court as the court order did not prohibit ploughing and fencing.
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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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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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Republic v Kisumu East District Land Disputes Tribunal, Kisumu Chief Magistrate & Paul Andiego Nelson Andiego exparte John Ouko Onyango & George Oteino Juma (Judicial Review 19 of 2017) [2017] KEELC 1758 (KLR) (27 September 2017) (Judgment)
✦ The Exparte Applicant's application is dismissed with costs.
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George Alfred Chituyi v John Munyobi Ondwasi [2017] KEELC 1749 (KLR)
✦ The Court grants the temporary injunction restraining the Respondent from trespassing on, wasting, constructing on, alienating or otherwise interfering with the Plaintiffs property pending hearing and determination of the suit.
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Njeru Mugera v Jemimah Nkirote Njagi [2017] KEELC 1723 (KLR)
✦ The matter is marked as settled. The file should be removed from the register of pending cases.