Kenyan case law
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Joseph Mwangi Munga v Duncan Kimani Njoroge [2020] KEELC 1530 (KLR)
✦ The Plaintiff has not demonstrated the elements of adverse possession and the Defendant is the registered proprietor of the land.
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Milly Glass Works Limited v Kenya Railways Corporation & Another (Environment & Land Case 135 of 2012) [2020] KEELC 1487 (KLR) (21 July 2020) (Ruling)
✦ The application for amendment of the plaint is dismissed with costs.
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Chemweno Kimutwol v Albert Mulati Wepukhulu & 3 others [2020] KEELC 1508 (KLR)
✦ The application is dismissed with costs to only the plaintiff.
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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.
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Ensi Investments Limited v Vinya Wa Aka Group & 18 others [2020] KEELC 1480 (KLR)
✦ The court declines to set aside the arbitral award and orders the Applicant to pay the Respondents' costs.
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Saiffudin Abdullabhai & 3 others v Ahmed Sururu [2020] KEELC 1647 (KLR)
✦ The application for review and setting aside of the judgment is granted, and the judgment is set aside. The court grants leave to appoint the firm of M/S Ameli Inyangu & Partners Advocates to act for the applicant.
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Abud Mbarak Abu v WAKF Commissioners of Kenya & 9 others [2020] KEELC 1665 (KLR)
✦ The court will stay the proceedings pending appeal
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Just Chicken Limited v Kiran Manubhai Patel & another [2020] KEELC 1526 (KLR)
✦ This suit is res judicata and the Plaintiff's application for an injunction is declined.
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Beatrice Kariuko Murithi v Peter Karani Wanjau [2020] KEELC 1579 (KLR)
✦ The application is dismissed with costs.
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Nathan Munyao Mutiso & another v Saban Said Gathuri & 56 others [2020] KEELC 1630 (KLR)
✦ The order dismissing the suit for want of prosecution is set aside, and the suit is reinstated for full hearing and determination on merit. The judgment for the 2nd and 6th defendants on the counter-claim is also set aside. The plaintiff is granted costs of Ksh. 10,000.
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James Kikechi v Sepstiano Wafula & another [2020] KEELC 1684 (KLR)
✦ The court granted a stay of execution pending the appeal and ordered the defendant to deposit the title deed within 14 days.
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Racom Limited v Kenya Urban Roads Authority (KURA) & another [2020] KEELC 1703 (KLR)
✦ The court finds that the plaintiff has not fully established the threshold for the grant of temporary injunction and dismisses the application entirely.
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Josephat Nyambu Mwambingu v National Land Commission & another [2020] KEELC 1701 (KLR)
✦ The court finds that the Respondents followed due process and did not violate the petitioner's rights while compulsorily acquiring a portion of the suit property. The petition is dismissed with an order for each party to bear their respective costs.
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Joshua Musyoka Wambua v Kambi Mwachuyu [2020] KEELC 1653 (KLR)
✦ The application is dismissed with costs to the respondent
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Abram Njeru Ngoroi & 2 others v Joyce Marigu Elikana [2020] KEELC 1708 (KLR)
✦ The court finds merit in the Applicants' notice of motion and grants leave to file an appeal out of time.
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KM & 9 others v Attorney General & 7 others [2020] KEELC 1680 (KLR)
✦ The 4th Respondent was found negligent in enforcing environmental laws.
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Chrispinus Mang’eni Wamanya v Paul Juma Otaga & another [2020] KEELC 1681 (KLR)
✦ The court finds the sale and transfer of the plaintiff's portion of land illegal and unconstitutional, and orders a declaratory order, compensation, and an injunction.
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Samuel Wainaina Kioi & Anne Wangechi Kimani (Suing as Vice Chairman and Secretary respectively of Mwalimu Farm Owners Association on behalf of its members) v Registered Trustees, Capuchin Fransiscan Fathers Kenya,County Government of Kiambu,National Land Commission,Land Registrar, Thika & Attorney General (Environment & Land Case 9 of 2018) [2020] KEELC 1678 (KLR) (16 July 2020) (Judgment)
✦ The Court declared the purported transfer of land parcel Ruiru East Block 3/244 to the 1st Respondent illegal, ordered the cancellation of the title held by the 1st Respondent, and granted a permanent injunction restraining the 1st Respondent from interfering with the land.
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Pauline Mutee Makumu & another v Ursula Kreszenntia & 3 others [2020] KEELC 1488 (KLR)
✦ The court granted a stay of execution pending appeal but required the applicant to deposit KShs. 53 million within 30 days or face the risk of the plaintiffs executing the decree.
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Danson Nyaga Njeru v Jeremiah Njue Namu (Being sued on behalf of the Estate of Namu Njanguru Deceased) [2020] KEELC 1677 (KLR)
✦ The court finds no merit in the Defendant’s notice of motion dated 5 th June 2020 and dismisses it with costs to the Plaintiff.
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Market Plaza Limited v City Council of Nairobi & another [2020] KEELC 1671 (KLR)
✦ The court found in favor of the plaintiff, granting a permanent injunction and ordering the defendants to vacate the land.
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Nzomo Kaleli v Kaweu Matheka, Kamene Mativo & Titus Mutisya Mativo (Environment & Land Case 79 of 2017) [2020] KEELC 1687 (KLR) (16 July 2020) (Ruling)
✦ Application dismissed with costs to the Defendants/Respondents
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Amri Mghoro Mwamuri v Matano Mwasina & 2 others; Dickson Otieno Akeno & another (Interested Parties) [2020] KEELC 1689 (KLR)
✦ The plaintiff's suit is res judicata and is hereby struck out with costs to the interested parties and the defendants.
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Rose Wangari Ndungu & another (Suing on their own behalf and for their own benefit and on behalf of and for the benefit of the Estate of the late Stanley Ndungu Njoroge) v Catherine Njeri & another [2020] KEELC 1697 (KLR)
✦ The 2nd Defendant's application is found merited and the mandatory orders are granted.
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Joyceleen Nyarega v Peris Kemuma Nyarega & 3 others [2020] KEELC 1618 (KLR)
✦ The Plaintiff's application for an interim order of injunction is dismissed.