Kenyan case law

Christina Barabara Malakwen v Benjamin Mwale Engairo & 3 others [2020] KEELC 1517 (KLR)

✦ The application is granted, and the costs of the application shall be in the cause. The case shall be mentioned on the 29th July 2020 via teleconference for pre-trials.

Patrick Toroino Mitingi (Suing as the administrator of the Estate of Toroino Mitingi v County Government of West Pokot [2020] KEELC 1536 (KLR)

✦ The court grants the application for an order of stay of execution of the judgment pending the appeal.

Braeburn Schools Limited v County Commissioner, Laikipia County & 5 others [2020] KEELC 1469 (KLR)

✦ The Court allows the petition and awards the Petitioner damages of one million (Ksh 1,000,000/=) as prayed for, and costs at a lower scale since the petition was undefended.

Sarah Njuhi Mwenda & another (Suing as legal representative of John Macharia Mwenda) v Luka Njararuhi & 6 others (Sued as legal representatives of Andrew Mungai Njui & Dickson Gitau Muite) [2020] KEELC 1634 (KLR)

✦ The execution of part of the judgment is stayed pending the hearing and determination of the plaintiffs' appeal to the Court of Appeal.

Harjinder Singh Bhogal & another v Edward Mukundi Karanja & another [2020] KEELC 1592 (KLR)

✦ The plaintiffs breached the agreement by placing a caveat against the title of the parent property, disentitling them to specific performance. The court awards the plaintiffs Kshs. 3,100,000/- as refund of their deposit with interest at court rates from the date of this judgment until payment in full.

Nehemiah Kimathi & Stella Nkatha Mwiraria v Grace Wambui Muriuki & 12 others [2020] KEELC 1595 (KLR)

✦ The court dismisses the Plaintiffs' application for a stay of negative orders.

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.

Obondo Owungo Awoko v Patrick Bukaki Awoko [2020] KEELC 1218 (KLR)

✦ The court finds that the defendant trespassed onto the plaintiff's land and grants the plaintiff's request for eviction and boundary establishment.

Hamisi Salim Dzila & another v Iddi Ganguma [2020] KEELC 1664 (KLR)

Mohamed Hajir Mursal & 2 others v Gulled Hajir Mursal [2020] KEELC 1585 (KLR)

✦ Granting a temporary injunction to prevent the respondent from interfering with the applicants' property

Salim Mwalimu Shee v Macharia Kamau & 2 others [2020] KEELC 1663 (KLR)

✦ The court grants the injunction to maintain the status quo until the suit is heard and determined.

Preskila Atieno Majiwa v Eric George Halwenge & another [2020] KEELC 1483 (KLR)

✦ The trial court's decision to strike out the counterclaim was sound in law.

Bakari Mohamed Abulrahman v Sadik Muchiku Imaana [2020] KEELC 1583 (KLR)

✦ The plaintiff's suit is dismissed for non-attendance and lack of evidence. The defendant's counterclaim is allowed to the extent that he is awarded nominal damages for loss of business in the sum of Kshs 500,000.

Connie Francis C.O. Owala v Japheth Angila Atinga & 2 others [2020] KEELC 1481 (KLR)

✦ The court found that the plaintiff has not proved his claim against the 2nd and 3rd defendants to the requisite standard.

Pangaea Holdings LLC & another v Hacienda Development Ltd & 2 others [2020] KEELC 1644 (KLR)

✦ The suit is struck out and the 1st and 2nd defendants shall have costs to be borne by the 2nd plaintiff.

Jagjit Singh Pandhaal v Hussein Mohamed Gulamhussein Verjee [2020] KEELC 1492 (KLR)

✦ The plaintiff's applications for attachment of the defendant's properties and judgment on admission have no merit.

Alexander Ugala Odenyo v Benta Akinyi Ochieng & another [2020] KEELC 1485 (KLR)

✦ The court held that the plaintiff has acquired title to the suit land by adverse possession.

Penina Chepkebis Makona & 2 others v Charles Joseph Egesa Makona & another [2020] KEELC 1271 (KLR)

✦ The application is dismissed with costs, as the defendant's behavior was an obstacle to expeditious hearing of the matter and the application itself was filed after a long period of time.

Rachel Okumu & another v Esther Kahayi Mujumba (Sued as an Administrator of the Estate of Marco Mujumba Busolo) [2020] KEELC 1462 (KLR)

✦ The application is dismissed. The status quo existing on the suit land shall be maintained till the hearing and determination of this suit.

Protus Masibo Watibini v Board of Management St. Brigid’s Girls High School, Kiminini & another; Getrude Nafula Tsuma (Interested Party) [2020] KEELC 1552 (KLR)

✦ An order of temporary injunction should issue against the defendants.

Republic v Nairobi City County Government Ex Parte Piccadilly Holdings Limited [2020] KEELC 1564 (KLR)

✦ The court declines to grant the orders sought in the application, finding the Respondent lacks jurisdiction due to the mandatory provisions of the Physical Planning Act.

Atanas B A Lubandi v John Gathuu Karanja & 2 others [2020] KEELC 1648 (KLR)

✦ The court finds no proof of fraud and dismisses the plaintiff's suit.

Njora Muronyo v Wilson Kiama Gachunji & another [2020] KEELC 1520 (KLR)

✦ The Court dismissed the Plaintiff's claim due to the Defendants' lack of locus standi in the suit.

Julius King’ori Kimbui v Lois Nyegera Kimbui & another [2020] KEELC 1450 (KLR)

✦ The court dismissed the plaintiff's claim due to the law of limitation of actions and the lack of a valid agreement for sale.

Peris Mashipei Mpaayei v Moinke Ene Ernest Mpaayei & 3 others [2020] KEELC 1581 (KLR)

✦ The Plaintiff has locus standi as she is one of the Administrators to the estate of Ernest Letoya Ole Mpaayei and was allocated half portion of the land.