Kenyan case law

Charles Odhiambo v David Otieno Ayieko [2017] KEELC 1772 (KLR)

✦ The Defendant, David Otieno Ayieko, is ordered to demolish the fence and cut down the trees on the road reserve bordering the two land parcels.

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.

Kenneth Nandi Mativa v Alex Ang’undo & another [2017] KEELC 1763 (KLR)

✦ The application has no merit and is dismissed with costs.

Julius Rukioyah v John Kirimana Ikabu [2017] KEELC 1652 (KLR)

✦ The appeal fails and the suit is hereby dismissed. The appellant is condemned to pay costs of this suit.

Anna Indonde Imboba v Vincent Shingwana Injede [2017] KEELC 1747 (KLR)

✦ The application dated 20th May 2015 is dismissed for want of prosecution. The interim orders are set aside. The costs of the application are provided for.

Palasina Sibiro Lubeka v Thomas Anzeze [2017] KEELC 1740 (KLR)

✦ The court finds in favor of the plaintiff, Palasina Sibiro Lubeka, and orders the defendant, Thomas Anzeze, to vacate the land within six months. If the defendant fails to vacate, an eviction order will be issued.

Kenya Farmers Association Ltd v Barlclays Bank of Kenya Ltd & another [2017] KEELC 1669 (KLR)

✦ Order of injunction issued to stop Barclays from selling the land until the case is heard and determined.

Maurice Hudson Imonje v Silvanus Mukoto & another [2017] KEELC 1719 (KLR)

✦ The court granted an injunction to the plaintiff/applicant to restrain the defendants/respondents from blocking the access road.

Eliazer Kiprugut Kosgei v Barclays Bank of Kenya Limited & another [2017] KEELC 1442 (KLR)

✦ The court dismissed the plaintiff's suit for want of prosecution due to inordinate delay and lack of a reasonable explanation.

Antonie Kubondo Murunga v Attorney General & 3 others [2017] KEELC 3815 (KLR)

✦ The Court finds that the Plaintiff is entitled to indemnity at the prevailing market value and orders the cancellation of the Plaintiff's title over LR.No.209/12312 and the register rectified.

Moses Maina Kimondo v Elihah Waweru Kimondo [2017] KEELC 1482 (KLR)

✦ The court grants the application to enforce the judgment, allowing the plaintiff to be evicted from the property if the defendant fails to vacate it within 60 days.

Jacob Kasumuni,Julius Sikoki,Kilae Mwae & Paul mwamela v Jacob Mwangombe Mwakingo,John Tembo Kurja,Jane Wale Matano,Florence Mighulo Mwasigwa,Charles Nyambu Mwasigwa & China Road & Bridge Corporation (K) (Environment & Land Case 267 of 2016) [2017] KEELC 130 (KLR) (27 September 2017) (Judgment)

Kenya Power & Lighting Company v Njumbi Road Residents Association [2017] KEELC 1762 (KLR)

✦ Application dismissed, maintenance of substation not allowed pending appeal

Esther J. Rotich v County Government of Baringo & 8 others [2017] KEELC 1767 (KLR)

✦ The court grants a temporary injunction restraining the defendants from interfering with the plaintiff's use, possession, and enjoyment of the land.

John Nyagucha Nyangoto & another (Suing as the Legal Representatives and Administrator of the Estate of the late Thomas Anching’a Nyangoto) v Patrick Chanua Ondicho [2017] KEELC 1524 (KLR)

✦ The court finds that the mistake is excusable and the dismissal will cause the plaintiff prejudice, and reinstates the suit.

Johnson Cheruiyot v John Kipkorir Rono [2017] KEELC 1724 (KLR)

✦ The Plaintiff's suit is struck out with costs as it was filed in violation of Order 37 Rule 3 of the Civil Procedure Rules.

Livingstone Jason Mukoya Ogongo & 3 others v George William Okello & 3 others [2017] KEELC 1786 (KLR)

✦ The plaintiffs' claim of adverse possession is dismissed as the certainty of ownership and physical location of the land being claimed was not clear until the survey was done in 1997, and the minimum period for adverse possession had not lapsed by the time the case was filed in 2005.

Joseph Kipkorir Cheruiyot & another v Equity Bank (K) Limited & another [2017] KEELC 1376 (KLR)

✦ The application for a temporary injunction is dismissed with costs.

Joseph Kahura Kaniaru & another v Samuel Kimondo Theuri [2017] KEELC 1125 (KLR)

✦ The court finds that the defendant breached the agreement by registering the land in both his and the second plaintiff's names. The defendant cannot partition the land as per section 94 of the Land Registration Act.

Jedielmiriti Nyaga v County Government of Tharaka Nithi & another [2017] KEELC 1605 (KLR)

✦ The court adopts the parties' consent order, directing the Land Registrar, Land Surveyor, and Physical Planner of Meru South District to provide a 6-meter wide road of access from parcel Mwimbi/Chogoria/3502 to parcel Mwimbi/Chgoria/497.

Geoffrey Mugwanjamaina (Suing as the personal representative of Maina Mugwanja) v Virginia Ngungi Ngaaari [2017] KEELC 238 (KLR)

✦ Decision of the District Commissioner was made in violation of the rules of natural justice and is quashed. The dispute is remitted back to the Minister for a fresh consideration with the Plaintiff as an interested party. The registration of the Defendant as proprietor is cancelled. Each party shall bear its own costs.

Danson Miano Kangangi v Njogu Ncekebu & 3 others [2017] KEELC 1751 (KLR)

✦ The court declares the intended withdrawal of the suit void ab inition and orders the parties to come to court for directions.

Kasumuni & 3 others v Mwakingo & 5 others (Environment & Land Case 267 of 2016) [2017] KEELC 3869 (KLR) (27 September 2017) (Judgment)

✦ The court finds that the plaintiffs have made out a good case against the defendants and enters judgment in their favor.

Deborah Achieng Aduda & another v Florence Seyanoi Kibera [2017] KEELC 1756 (KLR)

✦ The court finds that the Plaintiffs are entitled to a permanent injunction and an order of specific performance.

Benjamin Karangathi v Esther Njeri Chege & another [2017] KEELC 1535 (KLR)

✦ The court finds that the plaintiff has not established a prima facie case and that the defendants have unregistered rights as the widow of the deceased. The court dismisses the application for a temporary injunction and orders the defendants to continue using the land until the case is determined.