Kenyan case law
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David Kabubii Kuria v Revival & Restoration International Church [2021] KEELC 1464 (KLR)
✦ The plaintiff's Notice of Motion application is dismissed with costs
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Maurice Oduor Nyakone v Diamond Property Merchants Ltd; Co-operative Bank of Kenya Ltd & another (Garnishee) [2021] KEELC 1527 (KLR)
✦ A Garnishee Order Absolute is issued restricted to Kshs. 205,255/= against the 1st Garnishee, and the 2nd Garnishee is discharged from these proceedings.
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Salome Njoki Gitau v Monicah Wanjiru Gitau & another [2021] KEELC 1433 (KLR)
✦ The application is dismissed. The costs do abide the outcome of the main suit.
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Michael Muturi Karanja v Roselyne Dola Ouko & 2 others [2021] KEELC 1484 (KLR)
✦ The Plaintiff's suit is dismissed with costs to the Defendants.
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John Kuria Mahia v Paul Odhiambo Omollo [2021] KEELC 1492 (KLR)
✦ The Court dismissed the Notice of Motion Application as it is not meritorious and the reliefs sought are substantive and can only be granted at a plenary hearing.
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Peter Mathigu Gichamba v Grace Nyambura Kamau; Beatrice Gathoni Kamau & another (Interested Party) [2021] KEELC 1612 (KLR)
✦ The application for a temporary injunction is dismissed, and the application for a stay of the interim injunction is granted.
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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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Appolonia Ombok v Maurice Odhiambo Owiti & Land Registrar Kisumu [2021] KEELC 1383 (KLR)
✦ The court finds that the applicant has enjoyed an easement over the access road from 1982 until 2018, and orders the Land Registrar to register the access road in the map.
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Daniel Kipngetich Korir v Mary Keter & Peter Tanui [2021] KEELC 1519 (KLR)
✦ The court denies the defendants' application to introduce new evidence at the defense stage, except for the surveyor's report dated 5 November 2018.
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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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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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Rico Kinyariro Kariuki v Renate Wolff (also known as Renate Hartman Werner) [2021] KEELC 1557 (KLR)
✦ The court finds that Judge Eboso was transferred to Thika ELC, and the court presided over by Lucy N. Mbugua is now fully seized of the matter.
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Lawrence Nginga Maranga v Headmaster Chaani Primary School & 4 others [2021] KEELC 1412 (KLR)
✦ The court orders the defendants to remove the structures they have set up on the public road and to clear the path for the access road.
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Peter Migosi Migosi v Diocese of Kisii [2021] KEELC 1526 (KLR)
✦ The application is dismissed with costs as there is no evidence of construction taking place.
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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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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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Cyrus Kimamo Warui v Mary Wangechi Kamara [2021] KEELC 1561 (KLR)
✦ The court finds that the Defendant was in breach of the sale agreement and grants an order for cancellation of the sub-division of Parcel 248 and an order for specific performance.
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Nyaga v Attorney General & 2 others (Environment and Land Petition 31 of 2019) [2021] KEELC 1575 (KLR) (13 October 2021) (Ruling)
✦ The court dismissed the preliminary objection and delivered a ruling virtually at Thika.
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Andrew Mwiti Mpungu v Haron Kimiyu [2021] KEELC 1556 (KLR)
✦ The court declines to grant any orders of injunction at this stage due to the Plaintiff's prayer for eviction and the lack of basis for the Defendant's claim.
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Mary Kithinu Inoti v Salome Karuga M’mutungi [2021] KEELC 1607 (KLR)
✦ The court is inclined to give the applicant a benefit of doubt and allow the application with costs to the respondent.
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Samuel Kiprono Kaptingei (Suing as the Personal Representative to the Estate of the late William Kaptingei Kirwa - Deceased) v Monicah Ruto [2021] KEELC 1613 (KLR)
✦ The Court finds that the Plaintiff has established his claim on a balance of probability and orders the Defendant to vacate the land and give vacant possession to the Plaintiff.
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Board of Management of Christian Industrial Training Centre & another v David Muturi Mungai [2021] KEELC 1423 (KLR)
✦ The defendant is ordered to vacate the staff house within 30 days of the judgment. The defendant is also ordered to pay accumulated rent and unpaid utility bills.
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Davis Mwashao Jome v Damaris Karanja & another [2021] KEELC 1461 (KLR)
✦ The court finds the plaintiff's title to be genuine and proceeds to cancel the defendant's title.
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Republicv Land Adjudication and Settlement Officer, Tigania Sub-County & another [2021] KEELC 1585 (KLR)
✦ The court quashed the decision to decline the consent letter and ordered the respondent to issue a consent letter to the applicant.