Kenyan case law
-
Ng’ang’a Mathenge v John Ndirangu Maina & another [2016] KEELC 390 (KLR)
✦ The court finds that the plaintiff's delay in prosecuting the suit was properly accounted for and grants the plaintiff's application for revival of the suit.
-
Simon Mbugua Thungu v County Government of Trans-Nzoia & 4 others [2016] KEELC 1061 (KLR)
✦ The court finds that Simon Mbugua Thungu has not demonstrated a prima facie case with probability of success and therefore dismisses his application for injunction.
-
Zipporah C. Maiyo & 2 others v Tito Kiplimo Chepkwony & another [2016] KEELC 1071 (KLR)
✦ The application is dismissed with costs to the respondents as it is a clear abuse of the process of court.
-
Stephen Mihael Ngumbao & 2 others v Moiz Fazleabbas Tayabali Rajabali [2016] KEELC 463 (KLR)
✦ The Applicants' Originating Summons is dismissed as their possession was not adverse to the Respondent's interest since 1990
-
Veronicah R. Cherono v Joseph Ruto Cherono [2016] KEELC 999 (KLR)
✦ The application is granted, and the case is transferred to the Environment and Land Court, Eldoret.
-
Trustees (Registered) Eldoret Churches Urban Project Trust Fund v National Land Commission & 2 others [2016] KEELC 806 (KLR)
✦ A temporary injunction is granted restraining the defendants from interfering with the health project and from issuing a certificate of lease.
-
Tsangawa Ngala Chome v Town Council of Mariakani & another [2016] KEELC 1074 (KLR)
✦ The suit is withdrawn and discontinued, and the Plaintiff is not held back from withdrawing the suit.
-
Tabitha Waithira Muugi v Githurai Ting’ang’a Co.Ltd (Formerly) Githurai Co-operative Society Ltd [2016] KEELC 120 (KLR)
✦ The court finds that Tabitha Waithira Muugi is the widow of the deceased Edward Mugi Karugu and the legal representative of his estate. The deceased was the owner of plots 1311 and 1428, and Tabitha Waithira Muugi is entitled to the prayers sought.
-
Walter Nyagol v Chairman Board of Governors Okok Mixed Secondary School [2016] KEELC 960 (KLR)
✦ The court finds that Walter Nyagol is the registered proprietor of the land and entitled to the rights and privileges set out under Section 24 and 25 of the Land Registration Act No.3 of 2012. The court orders the County Land Registrar to reposition the boundaries of the land and vacate the encroaching party within 30 days.
-
Transallied Limited v Sakai Trading Limited [2016] KEELC 158 (KLR)
✦ The court finds that a determination of a complaint referred to the tribunal under Section 12(4) of the Landlord and Tenant (Shops, Hotels and Catering Establishment) Act is appealable to this court under Section 15(1) of the Act.
-
Gabriel S. Imbali & 2 others v John S. J.Chabuga [2016] KEELC 14 (KLR)
✦ The application dated 3/8/2016 is allowed, but the restraining orders are modified to apply only to Land Parcel No. CHEKALINI TOWNSHIP PLOT 1 & 2.
-
Lepore Ole Maito v Letwat Kortom & 2 others [2016] KEELC 366 (KLR)
✦ The plaintiff is the registered owner of the land parcels Transmara/Mapashi/318 and 48, and his registration was valid under the provisions of the Land Adjudication Act and the Land Registration Act.
-
Hobson Nyangau Onchuru v George N. Mogoi & another [2016] KEELC 369 (KLR)
✦ The court finds that the 1st defendant is the registered proprietor of land parcel Central Kitutu/Daraja Mbili/2380. The 2nd defendant's claim of joint purchase is not supported by documentary evidence and oral evidence adduced in support of his claim cannot override the written agreements produced by the 1st defendant.
-
Getrude Chao Waita & another v Agnes Wamaitha Kibuchi & another [2016] KEELC 676 (KLR)
✦ The application is struck out with costs to the respondents for abuse of process.
-
Peter Mwangi Kabui v Rural Electrification Authority [2016] KEELC 140 (KLR)
✦ The suit is not statute barred and the jurisdiction of the court to handle the dispute does not lie with the Energy Regulation Commission.
-
Sarah Jelangat Siele v Attorney General & 2 others [2016] KEELC 906 (KLR)
✦ The Court held that the title deed issued to the 3rd Defendant is invalid and that the Plaintiff has a valid title to plot number 103, Watamu.
-
Savannah Academy Limited v Charterhouse Bank Limited (Under Statutory Management) & another [2016] KEELC 951 (KLR)
✦ The court orders the Defendant's Manager to execute a discharge of charge within 14 days of the interested party's financier providing an irrevocable bank guarantee or insurance bond for the payment of Kshs.12,274,748.96.
-
Taura Baya Mtsanganyiko v Julius Jumbale Mundu [2016] KEELC 1055 (KLR)
✦ The Plaintiff's claim of adverse possession is dismissed as he failed to prove continuous and uninterrupted occupation for 12 years.
-
Tenderwood Industries Ltd v Rispa Kerubo Onsase & another [2016] KEELC 821 (KLR)
✦ The court granted an order of mandatory injunction to reinstate the plaintiff into possession of the suit property.
-
In re Estate of Thomas Kipkosgei Yator & another (Deceased) [2016] KEELC 988 (KLR)
✦ The court finds that the respondents violated the petitioners' right to property and orders compensation.
-
Gabriel Nyamu Ngundi t/a Garma Enterprises Limited v Government of Makueni County [2016] KEELC 725 (KLR)
✦ The County Government is not Government as suggested by the Defendant. The Government Proceedings Act does not apply to County Governments and their officers.
-
Susan Njeri Karo v Catherine Njeri Noroge t/a Licat Enterprise & 2 others [2016] KEELC 743 (KLR)
✦ The court finds in favor of the applicant and grants the injunction and directions sought.
-
George Chengo v Kahindi Katimbo [2016] KEELC 1130 (KLR)
✦ The Plaintiff is entitled to the suit property having lived thereon for more than 60 years.
-
John Kennedy Ofunya & another v Francisca Moraa Omete [2016] KEELC 92 (KLR)
✦ Application is dismissed with no order as to costs
-
Lucy Wanjiku Muriithi v Joseph Mwangi Mathenge & 2 others [2016] KEELC 468 (KLR)
✦ The application for contempt is dismissed with costs to the respondents.