Kenyan case law
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Josephine Wanjiru Mithamo v John Kangangi Mithamo & another [2021] KEELC 1396 (KLR)
✦ The Plaintiff is declared the absolute proprietor of one acre portion out of Land Parcel NO. INOI/KERUGOYA/75, and the 1st Defendant is ordered to transfer and register one acre portion in the Plaintiff's name.
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Alexander Makau & 23 others v David Mutuku & 20 others; Ngwatanio Phase Four Association (Proposed Interested Party) [2021] KEELC 1532 (KLR)
✦ The Proposed Interested Party’s application is dismissed as it cannot be considered a valid party due to its lack of constitution and the failure to disclose its members or officials.
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Edwin Kipkemoi Mutai 71 others v Alfred Owour & 4 others [2021] KEELC 1338 (KLR)
✦ The suit is struck out due to the plaintiffs' claim being time barred and their failure to disclose relevant facts, and the court is functus officio.
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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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Engen Kenya Limited (Now Known as Vivo Marketing Kenya Limited) v National Land Commission [2021] KEELC 1549 (KLR)
✦ The Application is dismissed with no order as to costs.
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Ali Abdalla Mwakupigwa (Suing as Administrator of the Estate of the late Abdul Mwakupigwa Juba) v Attorney General & 3 others [2021] KEELC 1462 (KLR)
✦ The court has jurisdiction to hear claims of historical injustices, but the court can defer jurisdiction to the National Land Commission if it deems it best handled by the NLC.
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Victor Giri Kogo (Suing as an agent of Geoffrey Michael Trimby and Margaret Lesley Trimby being the registered Trustees of Neema School (Kenya)Trust v Walter Chipa Mkindo [2021] KEELC 1511 (KLR)
✦ The Plaintiff's suit is struck off with costs to the Defendant.
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Samuel Chege Kamunge v Josphat Chege t/a Josgemu Surveyors Enterprises & 8 others [2021] KEELC 1610 (KLR)
✦ Amended Notice of Motion dated 10th June 2021 is dismissed with costs to the plaintiff
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Buku v National Environmental Authority & 3 others (Environment & Land Case E289 of 2021) [2021] KEELC 4752 (KLR) (14 October 2021) (Ruling)
✦ The Preliminary Objection raised by the 3rd Defendant is meritorious and is hereby allowed.
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LWN v PLM & 3 others [2021] KEELC 1489 (KLR)
✦ The Plaintiff's case is dismissed with costs to the Defendants.
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Church of God in East Africa (Kenya) (suing through Rt. Rev James Obunde, Rev. Wycliffe Omusebe, Rev. Raphael Muyele, Rev. Monicah Opanga, Rev. Benson Maosa and Mr. William Shimanyula (The Registered Trustees of Church of God in East Africa (Kenya) v Hussein Somo [2021] KEELC 1501 (KLR)
✦ The Plaintiff has established a prima facie case with probability of success at the trial. The balance of convenience tilts in favour of the Plaintiff who is in possession of the suit land. The application is allowed.
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Joackim Okessa Mwandale v Nairobi City County & 3 others [2021] KEELC 1522 (KLR)
✦ The Notice of Motion is devoid of merit and is dismissed.
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Republic v Permanent Secretary Ministry of Environment & Natural Resources & another Ex parte Lembus-Narasha Community Forest Association & 2 others [2021] KEELC 1609 (KLR)
✦ The court does not have jurisdiction to determine the dispute and strikes out the Notice of Motion.
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Letutui Nkedianye & 3 others v John Sakaja Ntukusoi [2021] KEELC 1588 (KLR)
✦ The Court finds that the Order of Inhibition is limited to pending the hearing and determination of the instant Application and not the substantive Appeal.
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Charles Kipngeny Limo v Cherutich Chepkemoi Chebii & 2 others [2021] KEELC 1582 (KLR)
✦ The suit against the 1st respondent is dismissed as she is deceased. The suit is not res judicata as the issues are not substantially the same.
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Njoki Wainaina v Josephat Thuo Githachuri & 3 others; National Land Commission & another (Interested Parties) [2021] KEELC 1553 (KLR)
✦ The Appellant was not entitled to the leave sought for purposes of amendment
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Michael Mbogo Wambugu v Embakasi Ranching Company Limited [2021] KEELC 1507 (KLR)
✦ The Plaintiff is entitled to judgment and the suit property shall be transferred to him.
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Muiruri & Wachira Advocates v Nicola Farms Limited [2021] KEELC 1518 (KLR)
✦ The Notice of Motion Application dated 18th March 2021 is dismissed. The Applicant's Notice of Motion Application dated 17th March 2021 is allowed.
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Constant Odido Orabi v Wilfred Okuku Mubadi [2021] KEELC 1605 (KLR)
✦ The application is dismissed with costs as the applicant has not proved any of the principles for setting aside a consent judgment.
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Christopher K Koech v Elisha K Rotich [2021] KEELC 1601 (KLR)
✦ The court finds that the suit is not res judicata as the previous judicial review did not hear and determine the case on merit. The court also finds that the application has merit and grants leave to amend the plaint.
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Njuguna Ngunjiri & another v Joyce Nyakeru Karanja [2021] KEELC 1434 (KLR)
✦ The proceedings and the order made on 6th October, 2021 are set aside. The plaintiffs' Notice of Motion application dated 10th December, 2020 is served a fresh upon the advocates who are on record for the defendant.
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Republic v National Land Commission & 3 others Ex-Parte Kingsway Industrial Park Limited [2021] KEELC 1473 (KLR)
✦ The court found that the 1st Respondent had jurisdiction to review the title, did not violate the rules of natural justice, and can continue the review. Kingsway is entitled to the reliefs sought.
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Elijah Chepkwony Chirchir (Suing Administrator on behalf of the estate of Kipchirchir Arap Maina (Deceased) v Joel Kiprono Rop & others [2021] KEELC 1546 (KLR)
✦ The Plaintiff's suit abated due to the failure to make the necessary application for the legal representative of the deceased to be made a party within one year of the Plaintiff's death. The suit was revived after the Plaintiff's death, but the Plaintiff's authority to file the suit was questioned.
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Aaron Tafari Ouko & another v Solomon Boit [2021] KEELC 1440 (KLR)
✦ The application to amend the defence is denied.
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Kericho Mwalimu Enterprises & another v Barotion Farm Company Limited & 6 others [2021] KEELC 1537 (KLR)
✦ The court finds that Kericho Mwalimu Enterprises and Kipsigis Teachers Cycle Advance Company Ltd have not established a prima facie case and thus denies the application for an interlocutory injunction.