Kenyan case law

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.

Amina Abdi Ali v Sahara Abdi Said [2021] KEELC 1574 (KLR)

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.

Nzioki Mbondo v Minster for Lands and Settlement & 2 others; Daniel Kaberia (Interested party) [2021] KEELC 1540 (KLR)

✦ Allow the application with costs to the interested party, but the applicant shall prosecute his petition within six months from the date hereon, otherwise it shall stand after six months

Madiha Alwy Khalifa v Salim Yusuf Mwachundu [2021] KEELC 1634 (KLR)

✦ The court upheld the temporary and conditional stay of execution granted on 22nd February, 2021 and 9th April, 2021, finding that the Appellant/Applicant fully complied with the conditions set out for the stay.

Joseph Rajula Lunani v Donald Oyatsi [2021] KEELC 1603 (KLR)

✦ The application is allowed on terms that the stay of execution of the decree pending appeal is granted, the applicant shall deposit the amount of taxed costs into an account pending hearing and determination of the said appeal, and the costs of the application to abide the winner in the appeal.

Joseph Musikali Mutemi v National Land Commission & 2 others [2021] KEELC 1469 (KLR)

✦ The petitioner is entitled to a declaration of ownership and an injunction against the respondents. The petitioner shall have the costs of the petition.

Dorcas Njoki Mugo v Crispin Kienyu Kang’ethe & another [2021] KEELC 770 (KLR)

✦ Application is incompetent and fatally defective, struck out with costs to the respondent

Jackson Muiruri Nguthi & 28 others v Moses Ndungu Mungai & 3 others; Jacob Simiyu Muiirah & 2 others ( Applicants) [2021] KEELC 1542 (KLR)

✦ The Application is dismissed with costs to the Plaintiffs

Republic v District Land Registrar & 4 others Ex parte Rampai Ole Saidimu [2021] KEELC 1515 (KLR)

✦ The Court finds in favor of the ex parte Applicant, ordering the District Land Registrar to maintain the boundaries between Kajiado/Purko/452 and 453 as determined in the report, and prohibiting the other respondents from further encroaching on the Applicant's land.

Austin Richard Gathogo v Edward Allan Robinson & 4 others [2021] KEELC 1490 (KLR)

✦ The court does not grant the application for joinder and does not order the suit to be heard de novo.

Dipa Pulling v Suchan Investments Limited & 3 others [2021] KEELC 1452 (KLR)

✦ The court grants the charging order for the applicant's taxed costs for the services rendered in the suit, but limits it to the services rendered herein. The charging order is stayed pending the determination of the reference filed by the plaintiff against the taxation of the bill of costs.

Dishon Muthama Nzina & 19 others v Attorney General & 4 others; Muringu Mukaru & 122 others (Interested Parties) [2021] KEELC 1545 (KLR)

✦ The court has jurisdiction to hear and determine the petition for reinstatement of the company.

Joseph Kahuga Nderitu & 4 others v Urithi Housing Co-operative Society Limited & another [2021] KEELC 1558 (KLR)

✦ The application is dismissed.

Lewnantai Kusenge Lei v Joshua Lemako & 5 others [2021] KEELC 1506 (KLR)

✦ The Plaintiff is not entitled to the orders sought.

Jeneby Arap Too v Sato Properties Limited & another [2021] KEELC 1432 (KLR)

✦ The court granted the stay of execution of the costs awarded to the Defendants pending the hearing of the new suit.

Mbugua Nganga and Co Advocates v Kenya Planters Cooperative Union Limited [2021] KEELC 1536 (KLR)

✦ The application is incompetent and is struck out with no orders as to costs.

Anthony Mbugua Njihia & 36 others v Urithi Housing Co-operative Society Ltd & another [2021] KEELC 1525 (KLR)

✦ The Court strikes out the suits of 30 Plaintiffs for want of prosecution.

Alexander M’mirianga M’mauta v Sebastian Muye [2021] KEELC 1547 (KLR)

✦ Application dismissed with costs as applicant has not been in occupation of the suit land and an award of damages would be sufficient.

Elizabeth Kisipan Letura v Chrispus Kispan & another [2021] KEELC 1485 (KLR)

✦ The Plaintiff is entitled to a declaration that the 1st Defendant's actions amount to fraud and that she is entitled to exclusive and unimpeded right of possession and occupation of the suit land. The 1st Defendant is ordered to cancel and declare null and void the title deed for LR No. Kajiado/Lorngusua/1585 and to register it in the name of the Plaintiff.

John Michuki Muhwang’a & 3 others v Miriam Wanjiku Nganga [2021] KEELC 1559 (KLR)

✦ The appeal is dismissed with costs to the Appellants

Ephraim Godeka Lugalia v Johnstone Onyino & 5 others; Benard Askari Godeka( Interested Party/Applicant) [2021] KEELC 1649 (KLR)

✦ The Preliminary Objection is dismissed with costs to the Applicant.

Joseph Ngingo Nduati & 2 others v County Government of Nairobi & 2 others [2021] KEELC 1471 (KLR)

✦ The application for leave to file appeal out of time is granted, and the applicant is given 7 days to file and serve the Memorandum of Appeal.

Bahati Ridge Management Phase 1A Limited v Sammy Maina Kamau [2021] KEELC 1548 (KLR)

✦ The appeal is allowed. The ruling dated 26/11/2020 is set aside. The application is unmerited and dismissed. The Respondent shall meet the costs of the application and the appeal.

Maryanne Mwangi Gichuki (suing as the legal representative of the estate of Wilson Mwangi Ramson) v Mary Nyambura Njuguna & 4 others; James Michael Chege & another (Interested Parties) [2021] KEELC 1560 (KLR)

✦ The Plaintiff's suit succeeds, and the Defendants are ordered to vacate the suit land within 60 days. The Interested Parties' counterclaim is dismissed.