Kenyan case law

Antony Ted Andrew Hoareau v Mary Muthoni Wanjohi [2019] KEELC 1529 (KLR)

✦ The court granted a stay of execution pending appeal, but ordered the applicant not to deal with the land and not to make any developments on it.

Lelopa Ole Parsaurei v County Land Registrar & 13 others [2019] KEELC 1581 (KLR)

✦ The Court will not grant the Plaintiff's application for an interlocutory injunction.

David Kiberenge & another v Peter Njoroge Chuga & another [2019] KEELC 1650 (KLR)

✦ The appeal is dismissed with costs to the respondents.

Esther Makumbi Matundu v Mwang’a Kisyula [2019] KEELC 1606 (KLR)

✦ The Plaintiff has locus standi and the Notice of Preliminary Objection is dismissed.

Joseph Ouma Onditi v Jane Kisaka Mong’au [2019] KEELC 1361 (KLR)

✦ The application is dismissed with costs as it has no merit.

Kipsyenan Farmers Company v National Land Commissioner & another [2019] KEELC 1307 (KLR)

✦ The National Land Commission's actions are illegal and unconstitutional

John Mwangi v Joan Nabangala Musungu [2019] KEELC 1368 (KLR)

✦ The court finds that the plaintiff is the lawful owner of the land and grants a permanent injunction to prevent the defendant from trespassing or burying remains on the land.

Phylis Amwayi Okuyosi v Paul Musyoka Kaloki [2019] KEELC 896 (KLR)

✦ The application is summarily struck out with costs for failure to comply with Order 9 Rule 9 of the Civil Procedure Rules.

Pastor Richard Too v Living Hope Ministries & 3 others [2019] KEELC 1504 (KLR)

✦ The title of the defendant is revoked, and the rightful owner of the land is the Full Gospel Churches of Kenya

Ocra Realtors Ltd v Abdulghani Kipkemboi Komen & 2 others [2019] KEELC 1497 (KLR)

✦ The plaintiff's suit is dismissed with costs

Klaus Hotel Limited v Kedong Ranch Limited [2019] KEELC 1511 (KLR)

✦ The application is dismissed with costs as there is no merit in the application and the plaintiff has paid rent arrears but has failed to abide by its other obligations in the lease.

Katangi Developers Limited v Attorney General & another [2019] KEELC 1643 (KLR)

✦ Order of mandatory injunction granted

Johnson Cheruiyot & 19 Others v Director of Kenya Forest Services & 2 Others [2019] KEELC 1576 (KLR)

✦ Application dismissed as the applicants failed to discharge the burden of proof regarding the evictions and the respondents' disobedience of the court order.

Nazmudin Habib Kassam Kurji v Frank Logistics Limited & 9 others [2019] KEELC 1157 (KLR)

✦ The court declines to expunge the documents filed by the 6th, 7th, 9th, and 10th Respondents on 21/3/2019 and the proceedings of 28/3/2019. The 1st to 3rd Respondents will be afforded an opportunity to cross-examine the witnesses who testified on behalf of the 6th, 7th, 9th, and 10th Respondents on a date to be fixed by the court on a priority basis.

David Moranga Oyugi v Kisii County Government & 4 others [2019] KEELC 1416 (KLR)

✦ The preliminary objection is dismissed with costs to the petitioner.

Lucas Gawo Osir v Peter Sadia Oniang’o [2019] KEELC 1695 (KLR)

✦ The decision of the Tribunal is a nullity as it does not address the issues before it and was made ultra vires its mandate as provided for in Section 3(1) of the Land Dispute Tribunal Act (repealed).

Kifaru Investment Limited & 6 others v Kihingo Village (Waridi Gardens) Limited & another [2019] KEELC 1277 (KLR)

✦ The court cannot grant the orders as they are sought, and the judgment debtors should not interfere with the provision of services and utilities to Kihingo Village (Waridi Gardens) Estate.

Bakari Shaban Gakere v Mwana Idd Guchu & 3 others [2019] KEELC 1715 (KLR)

✦ The Plaintiff's case is dismissed for lack of locus standi, and the application is dismissed in its entirety with costs to the Plaintiff.

Joshua Nyangau Mangera v Moses Nyandusi Machogu & another [2019] KEELC 1693 (KLR)

✦ The court dismisses the suit with no order as to costs due to the plaintiff's failure to produce evidence of the 2nd defendant's registration as the current proprietor of the land.

Millicent Achieng Obuoyo v John Otieno Oringo [2019] KEELC 1432 (KLR)

Amalia Nutritive Supplies v Fredah K. Kimanani & another [2019] KEELC 1685 (KLR)

✦ Application dismissed with costs

Josphine Nduta Mwangi v Mungai Muchiri [2019] KEELC 1698 (KLR)

✦ The Court allows the Plaintiff's claim of adverse possession, finding that she has proved her case on a balance of probability.

Joseph Njoroge Kang’arua v Harrison Wagacha Munyui;James Ndungu Ikere (Interested Party) [2019] KEELC 1527 (KLR)

✦ The application is dismissed as it is meant to delay the case further and there is no merit in it.

Rodah Cheptonui Lang’at v Aggrey Watindi & 2 others [2019] KEELC 793 (KLR)

✦ The court granted a stay of execution of the judgment for 30 days and ordered the applicant to pay Kshs 150,000 to the respondent. The applicant is also precluded from carrying out any developments on the suit land and not to interfere with its character pending the hearing and determination of the intended appeal.

Ali Waziri Abubakari v District Land Registrar, Kakamega & another [2019] KEELC 1666 (KLR)

✦ The court finds that the plaintiff's suit is res judicata and dismisses the case with costs to the defendants.