Kenyan case law
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Jeremiah Mwaura Mithanga & another v Njoroge Kuria Joseph [2016] KEELC 1222 (KLR)
✦ The Plaintiffs have not established a prima facie case of fraud and the Application is dismissed.
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Jeremiah M'Njogu v Janet Tirindi Kathunguri (Deceased) & 5 others [2016] KEELC 1272 (KLR)
✦ The order to consolidate the applications dated 02/05/2007, 30/03/2016, 27/10/2011, JR 31 of 2013 and HCA 21 of 1990 is vacated
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James Theuri Wambugu v Mellen Mbera [2016] KEELC 332 (KLR)
✦ The court finds that the plaintiff has proved his case on balance of probabilities against the defendant and enters judgment in favor of the plaintiff.
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Gideon Waweru Kirimo v Joseph Sawenja Waningilo [2016] KEELC 931 (KLR)
✦ The application for injunction is dismissed with costs to the respondent.
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Jecklia Rwamba Kuringia v Mugo Kinyothi [2016] KEELC 75 (KLR)
✦ The plaintiff is entitled to a declaration that the registration of the land was obtained fraudulently, an eviction order, and costs and interest.
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Jayantilal Dharamshi Gosrani v Attorney General & 3 others [2016] KEELC 160 (KLR)
✦ The Court ordered the removal of the pedestrian kerb and granted an injunction prohibiting the Respondents from interfering with the Petitioner's property.
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John Gacheru Mugo v Daniel Motoku Kirori & another [2016] KEELC 863 (KLR)
✦ The court dismissed the plaintiff's claim for adverse possession and found that the trial court erred in finding the existence of a customary trust.
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Evans Kaburi Githinji (Executor Of The Estate Of The Late Leah Muthoni Murigu v Jane Wanja Miano & another [2016] KEELC 193 (KLR)
✦ The applicant is entitled to revive the suit and prosecute it
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Tsuma Kenga Mwadzemba v Karembo Anthony Masha [2016] KEELC 938 (KLR)
✦ The Plaintiff's suit is struck out with costs to the Defendant.
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Joel Mwangi Kairanga v Joyce Wanjiku Mathara & another [2016] KEELC 1174 (KLR)
✦ The consent order recorded on 22.4.2015 is set aside with all its consequential orders.
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Francesa A Momanyi v David P Sanganyi & another [2016] KEELC 1081 (KLR)
✦ The court finds that the applicant has demonstrated a prima facie case and confirms the injunction orders, which shall remain in force until the hearing and determination of this suit.
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Harrison Kamau Gikambu v Daniel Kiragu Gitau [2016] KEELC 1111 (KLR)
✦ The plaintiff's suit is time barred and legally untenable, and is accordingly dismissed with no order as to costs.
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Godfrey Tom Okeyo Obiero v Philista Anyango Ndira [2016] KEELC 556 (KLR)
✦ The Defendant’s counsel preliminary objection is upheld and the notice of motion dated 13th April 2016 is found to have been drawn and filed for the Plaintiff by a firm of advocates not properly on record for failure to serve their filed notice of change of advocate. The notice of motion dated 13th April 2016 is therefore struck out with costs.
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Julius Cheruiyot Kibwalei v Felix Kipchoge Lagat [2016] KEELC 356 (KLR)
✦ The court dismissed the appellant's application to set aside the order of status quo, finding that the order was for a stay of execution pending appeal and not for a stay of rent payments.
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Republic v Town Clerk & another Ex-parte Muriithi Murage [2016] KEELC 963 (KLR)
✦ The respondents' decision to subdivide the plot into two portions was in breach of the Rules of Natural Justice and is therefore quashed.
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Francis Kisivo Wambua v Sheikha Ahmed Mohamed Al-Jabir & another [2016] KEELC 1139 (KLR)
✦ The Plaintiff's claim for specific performance is granted. The claim for exemplary damages is dismissed.
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George Mathenge & another (both suing as officials of Franciscan Family Association of Kenya) v Micro Enterprises Support Programme Trust Registered Trustees & another [2016] KEELC 976 (KLR)
✦ The court found that the current suit is a continuation of a previous suit (Kisumu HCC No.8 of 2011) and dismissed the plaintiffs' motion for a temporary injunction.
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Francis K. Munyua Mbogori & 2 others v M'mwirigi M'amoo & 4 others [2016] KEELC 1266 (KLR)
✦ An injunction is issued restraining the 5th defendant from interfering with plot number 16 Nkubu Town pending the hearing and determination of the suit.
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Joseph Macharia Njuguna v Pentecostal Holiness Centre Huruma [2016] KEELC 877 (KLR)
✦ The application is allowed, the firm of Chepseba Lagat and Company Advocate is allowed to come on record and that the orders of the court made on 5th June, 2015 are hereby set aside and the suit herein is reinstated for hearing on merit.
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Gichira Ngungi v Betty Muthoni Mithamo & 3 others [2016] KEELC 188 (KLR)
✦ The Court found in favor of the plaintiff, ruling that the plaintiff has acquired a portion of land measuring 30 meters by 11 meters out of land parcel No. INOI/NDIMI/534 by way of adverse possession.
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Kenol Kobil Limited v David Mugo Ndumia, James Mwangi Ndumia, Julia Nyaguthi Ndumia & Mary Njambi Ndumia (Sued as the Administration and Legal Representatives of the Estate of Danson Ndumia Murukia (Deceased) & 2 others [2016] KEELC 840 (KLR)
✦ The application for injunction is dismissed as the plaintiff has not established a prima facie case.
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Jackson Kipkemoi Chebochok v Charles Kibet Chepkwony & 2 others [2016] KEELC 245 (KLR)
✦ The plaintiff's suit is dismissed with costs to the defendants
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Jacinta Wanjiru Mwenga v Samwel Theuri & 3 others [2016] KEELC 449 (KLR)
✦ The plaintiff has made out a prima facie case and the application to restrain Theuri from dealing with the land is allowed.
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Gatembe Ngumi Kagu v Mary Muthoni Kamau [2016] KEELC 116 (KLR)
✦ The court granted the stay of execution pending appeal, subject to the plaintiff depositing Kshs. 150,000 as security.
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Ingrid Weber v Simon Wachira Thumbui [2016] KEELC 581 (KLR)
✦ The court found in favor of the plaintiff, granting her the suit property and ordering the deputy registrar to facilitate the registration of the suit property in her name.