Kenyan case law
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PBM Nominees Limited v Uchumi Supermarkets Limited [2020] KEELC 1418 (KLR)
✦ The defendant's preliminary objection is dismissed for lack of merit. Judgment on admission is entered for the plaintiff for the sum of Kshs 61,304,565.60.
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Mary Muthoni Nyaga & 5 others v Morris Rutere Njiru [2020] KEELC 1589 (KLR)
✦ The court finds that the trial court erred in law and committed an error of principle in declining leave on account of the alleged violation of Order 7 Rule 8 of the Rules. The court also finds that the trial court erred in disallowing the Appellants' application on the ground of inconsistency with previous pleadings and in holding that the proposed amendments were res judicata.
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C – Eleven Limited v Francis Mureithi [2020] KEELC 1604 (KLR)
✦ The Court reinstated the suit.
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Abdi Mohamed Noor v County Government of Turkana & another [2020] KEELC 1554 (KLR)
✦ The application is not res judicata and the court is not functus officio.
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Republic v District Commissioner, Mbeere District & 2 others;Ex Parte Applicant Njiru Kugariura (On Behalf of Ikambi Clan);Abiud Wilson Njue (Interested Party) eKLR [2020] KEELC 1574 (KLR)
✦ The court finds no merit in the application for judicial review.
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Alexander Nyaga Mwake & 11 others v John Mwaniki & 2 others [2020] KEELC 1594 (KLR)
✦ The court granted the stay of execution of the decree for a period of 2 years from the date of the order or upon conclusion of the intended appeal.
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Reuben Ndara v Hellen Chebet & another (Suing as legal personal representative of Maiba Chebosi) [2020] KEELC 1504 (KLR)
✦ The application for a stay of execution is granted in terms of Prayer No. 2 thereof.
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Cleophas Ngeywa v Dinah Nafula Seme; Jane Nekesa Wanyama (Proposed Interested Party) [2020] KEELC 1502 (KLR)
✦ The application is dismissed, and the hearing of the matter is reopened for the taking of the applicant's evidence.
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Douglas Muhindi Kangethe & 3 others v Michael Karuku Gatura [2020] KEELC 1419 (KLR)
✦ The court granted a stay of execution for 90 days, allowing the plaintiffs to enforce the judgment but preserving the suit properties for the defendant's appeal.
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Emily Tesot & 2 others v David Kiptarus Ruto & 2 others [2020] KEELC 1531 (KLR)
✦ The defendants' application for a stay of execution of judgment pending appeal is dismissed with costs to the plaintiffs.
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Republic v Cabinet Secretary for Lands and Physical Planning & 2 others; Mary Wandama Gachoki (Interested Party) Ex Parte Danson Kirunyu Represented by Dedan Maina Gathara [2020] KEELC 1575 (KLR)
✦ The application for judicial review is struck out with no order as to costs.
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Kaingu Kalume Mwanongo v Boniface Wanje Kenga [2020] KEELC 1631 (KLR)
✦ The Plaintiff has standing to bring the suit and the Defendant's actions constitute interference with contractual relations.
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Charles Machogu & another v Consolidated Bank of Kenya [2020] KEELC 1642 (KLR)
✦ The Court found that the suit property was not matrimonial property and that the Plaintiffs did not provide evidence to support their claim of joint ownership.
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Elbi Homes Limited v Lenzi Laura & 2 other [2020] KEELC 1582 (KLR)
✦ The application is dismissed with costs.
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Panini Brunella & 62 others v Policino Oasis Management Limited & 4 others; Claudia Zanoni & 9 others (Interested Parties) [2020] KEELC 1620 (KLR)
✦ The two applications are dismissed with costs.
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Elijah Sadala Msagha v Benedict Mwakio Chombo & another [2020] KEELC 1491 (KLR)
✦ The court grants a stay of execution pending appeal, but the defendant must deposit all rental payments received in a joint interest earning account held in the names of the plaintiff's and the defendant's counsel. If the defendant deposits the money within 60 days, the decree is stayed. If not, the plaintiff can execute the decree for both land and money.
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Dickson Jomo Kebatta v Deposit Insurance Corporations in Liquidation of Middle Africa Finance Ltd [2020] KEELC 1638 (KLR)
✦ The taxation of Item 1 on the instructions fees of the Applicant's Bill of Costs dated 27th November 2017 is not manifestly excessive, unreasonable, or unconscionable.
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Ashwin Bhagani v Lucas Okumu [2020] KEELC 1643 (KLR)
✦ The Plaintiff's Motion is allowed, and the Defendant is restrained from entering upon, wasting, damaging, alienating or in any manner whatsoever dealing with the suit property.
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Nicholas Patrice Tabuche v Ansazi Gambo Tinga & 2 others [2020] KEELC 1578 (KLR)
✦ The application is dismissed with costs
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Margaret Odhiambo Nelima v Ministry of Industry, Trade and Co-operatives & 3 others [2020] KEELC 1639 (KLR)
✦ The ex parte hearing and resultant judgment are set aside, and the case is heard on merit.
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Katana Kaingu Katana v Gona Samson Kalama & 2 others [2020] KEELC 1633 (KLR)
✦ The Plaintiff is the beneficial owner of the 16-acre plot of land and the Defendants are ordered to vacate the land and return the money spent on it.
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Ahmed Mohammed Khalid v Mary Nduta Wafula & 2 others; Collins Munyasia Wafula & 2 others (Interested Parties) [2020] KEELC 1627 (KLR)
✦ The Interested Parties' Notice of Motion is allowed as prayed. The Interested Parties' pleadings are deemed duly filed and served subject to the payment of requisite Court fees.
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Nicholas Kombe Pembe v Kenga Kombe & 3 others [2020] KEELC 1600 (KLR)
✦ The Court dismissed the Plaintiff's claim and the Defendant's counterclaim, and entered judgment in favor of the Plaintiff.
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Joseph Wachira Mbiti v George Muhoho Wanjiru & another [2020] KEELC 1584 (KLR)
✦ The Defendants, George Muhoho Wanjiru and Newton Mbari, are the registered owners of the land titled NACHU/MIKUYUINI/107.
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Nyeri Water and Sewerage Company Ltd v Barnabas Kariuki [2020] KEELC 1507 (KLR)
✦ Mr. Charles Kasamani Lutta was struck from the Roll of Advocates and could not practice law or run a law firm. The pleadings filed by the firm of R.V Mukoya & Company Advocates are not null and the firm is properly on record. The costs will be paid by the purported Advocate personally.