Kenyan case law
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PBM Nominees Limited v Uchumi Supermarkets Limited [2020] KEELC 1667 (KLR)
✦ The application for stay is rejected as the ruling in Nairobi High Court Insolvency Petition No 25 of 2018 has settled the petition and rendered it no longer pending.
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Eunice Nasipwondi Mwasi v Mary Moraa Mwasi & another [2020] KEELC 1447 (KLR)
✦ The court finds that the evidence at the main hearing of the suit will be needed to determine who has legal right to the suit land.
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B2 Yatta Ranching Co-operative Society Ltd v County Council of Kitui & 12 others [2020] KEELC 1688 (KLR)
✦ An injunction is issued to prevent the 1st Defendant and others from altering the suit property and implementing the 1st Defendant's development plans.
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Rahans Investments Limited v Amarnath Enterprised Limited; Kenya National Chamber of Commerce (Third Party) (Environment & Land Case 164 of 2009) [2020] KEELC 1669 (KLR) (15 July 2020) (Judgment)
✦ The plaintiff is the validly registered owner of the suit property and is entitled to the reliefs sought. The defendant is a trespasser and is liable to compensate the plaintiff for trespass.
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Republic v Attorney General & another; Patricia Kisio Kimanzi & 3 others (Interested Parties) Ex parte Avia Mbitha Ngindu [2020] KEELC 1705 (KLR)
✦ The court does not have jurisdiction to determine the dispute regarding the election of the 1st to 3rd Interested Parties as the officials of Wendo Wa Mwingi Women Group. The High Court has the jurisdiction to determine the validity of the elections.
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Dominic Katua Nzioka & 2 v Ziba Trustees Limited & another [2020] KEELC 1700 (KLR)
✦ The plaintiffs' application for a stay of execution is dismissed with costs
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Mildred Akoth Warrakah v Mwafumbiri Hamisi Mwatsami [2020] KEELC 1686 (KLR)
✦ Both the plaintiff's and defendant's preliminary objections are upheld, and the suit and counter-claim are struck out.
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Donald Kawinzi Muteti v Mali Ya Mungu Mutei & another [2020] KEELC 1683 (KLR)
✦ The court has jurisdiction to determine the ownership dispute, and the 1st Defendant did not acquire the plot fraudulently.
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Peter Masakwi Mogori v Kenya Commercial Bank Limited & 2 others [2020] KEELC 1489 (KLR)
✦ The court held that the plaintiff is seized of capacity to originate the suit and that the court has jurisdiction over the suit. The court also found that the first defendant's acquisition of the suit land was unlawful, irregular, and fraudulent.
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Elisha Okoth Otieno & 2 others v Jared Otieno Aoko [2020] KEELC 1433 (KLR)
✦ The application is dismissed with costs.
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Christopher Muindi Nzimba v Joseph Musau Kalunde, Homeward Agencies Limited, Felix Manual Joseph, Lamka Properties Limited, Bharat Parekh, Pravinchandra Jamnadas Kakad, Pranjal Varsani, Josey Njoki Mukiri, Rodgers Moturi Ongera, Naomi Mwende Kaisha, Henry Oirere Ongondi, Parkash Paaras Varsani, Anthony Masoti Ongondi, Rose B. Ongera, Babu Varsani, Fredrick Indoko Lubulellah, Chief Land Registrar, Attorney General & Receivers of United Insurance Company Limited (In Liquidation) (Environment & Land Case 234 of 2018) [2020] KEELC 1707 (KLR) (15 July 2020) (Ruling)
✦ The suit is not res judicata as the issues in the previous proceedings were distinct. The Plaintiff's claim is not time barred as the Plaintiff was not aware of the sale for a short period.
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Mwanajuma Nigatembo alias Mwanajuma & Mbwana Noor Gakweli v Mwaroga Nassoro Nassoro, Mohamed Juge Daleno, Ismael Ware Godana, Mohamed Ware Godana, Lands Registrar Kwale & Attorney General (Environment & Land Case 129 of 2019) [2020] KEELC 1674 (KLR) (15 July 2020) (Ruling)
✦ The court finds merit in the application and orders an injunction restraining the defendants from further interfering with the properties pending the hearing and determination of the suit.
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Morris Malagho & 107 others v Fort Properties Limited [2020] KEELC 1682 (KLR)
✦ The plaintiffs are entitled to the suit property by virtue of adverse possession and are registered as owners. The defendant's counter-claim is statute barred.
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Angelina Mukii Mwau v Thomas Muthiani Masilia & 3 others [2020] KEELC 1672 (KLR)
✦ The Plaintiff's claim fails and the suit is dismissed with costs to the Defendants.
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Berano M’mwithiga M’arauki v District Land Adjudication & Settlement Officer Tigania East And West & 2 others [2020] KEELC 1407 (KLR)
✦ The suit against the 3rd respondent is marked as ABATED.
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Kinyua Thuranira v Moses M.G. Minyori [2020] KEELC 1716 (KLR)
✦ The court grants leave to appeal out of time and grants a stay of execution for a period of one year, subject to the applicant depositing KShs.2 million as security.
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Kibwari PLC v Principal Land Registration Officer Ministry of Lands and Physical Planing & 6 others [2020] KEELC 1043 (KLR)
✦ The court finds that the cross-petition is not sub judice and grants the application.
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Jacob Kinyua Mbui & 6 others v David Gitonga (The Legal Representative of Mberia M’rimbere-Deceased) [2020] KEELC 1710 (KLR)
✦ The appeal is successful, the trial court's judgment is set aside, and the land parcel is declared to be held in trust for Mberia M'rimbere and Mbui M'rimbere, with Mbui M'rimbere entitled to a portion of the suit land.
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Leruk Murusi & 12 others v County Government of Marsabit & 3 others [2020] KEELC 1711 (KLR)
✦ The court declines to grant conservatory orders at this stage due to the infancy of the matter and the need for full facts to be established.
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Republic v Land Adjudication and Settlement Officer Tigania East/West Demarcation Office & another Exparte Benjamin Mugambi Mukindia; M’Itaru Kabari (Interested Party) [2020] KEELC 1722 (KLR)
✦ The application is dismissed as the applicant did not exhibit the actual sins of the adjudication officer and the prayers sought in the application cannot be granted.
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Anastasia Ntakira v Christopher M’mwari Anthony & 4 others [2020] KEELC 1691 (KLR)
✦ The suit is time barred as the plaintiff failed to file the suit within the statutory limitation period of 12 years from the date the right of action accrued to her.
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Patrick Ndirangu Kimani v Milka Wambui Kimani [2020] KEELC 1756 (KLR)
✦ The Plaintiff's application to amend the plaint is allowed, and the suit is not res judicata.
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Angeline Njeri Macharia v Rose Aluoch Aroko & 2 others [2020] KEELC 1652 (KLR)
✦ The appeal is allowed, the judgment of the trial court is set aside, and the case is remitted for fresh hearing.
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Republic v Chief Magistrate Court, Meru Law Courts; Isaya M’kirera M’ Kiambati (Interested Party), John Mutuma M’ikiao (Ex-parte) [2020] KEELC 1727 (KLR)
✦ The case is dismissed with costs to the interested party.
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New Design Construction Limited v Lyne Kerubo Mandieka [2020] KEELC 1482 (KLR)
✦ The application for stay pending appeal is dismissed. The defendant is ordered to vacate the disputed house within 7 days, with costs to be determined by the respondent.