Kenyan case law
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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.
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Edwin Kago Kagwi v Stanbic Bank Kenya Ltd & 4 others [2021] KEELC 1498 (KLR)
✦ The Plaintiff's failure to attend court was not due to deliberate evasion or obstruction of justice. The court will not set aside the proceedings and will not grant a stay of the orders and directions.
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Peter Kayugira & another v Meshack Mwaka Musyoki & another [2021] KEELC 1566 (KLR)
✦ The court finds that the preliminary objection is on points of law and validly taken, and the suit was not filed out of time.
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Joseph Kahuga Nderitu & 4 others v Urithi Housing Co-operative Society Limited & another [2021] KEELC 1558 (KLR)
✦ The application is dismissed.
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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.
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Teresia Wanjiru Mbugua v Moses Gikonyo Hiram [2021] KEELC 1635 (KLR)
✦ The trial court did not have jurisdiction to hear and determine the matter, and the suit is struck out for want of jurisdiction
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CKK Estate (1973) Limited v County Government of Kiambu & another [2021] KEELC 1622 (KLR)
✦ The Plaintiff is not entitled to the orders sought and the Notice of Motion Application is dismissed.
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Katangi Developers Limited v Attorney General & another [2021] KEELC 1675 (KLR)
✦ The court orders the Respondents to comply with court orders within 30 days and dismisses the application for stay of execution pending appeal.
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Francis Kiarie Kamau & Michael Kamau Wandegwa v Sammy Kimemia Njuguna & Theresa Wairimu Njuguna (Environment & Land Case 650 of 2017) [2021] KEELC 1643 (KLR) (8 October 2021) (Judgment)
✦ The Court finds and holds that the Plaintiffs are entitled to the Orders sought in their claim.
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James Ndungu Kabiru v Chief Land Registrar & 2 others [2021] KEELC 1544 (KLR)
✦ The application is allowed, the applicant is enjoined as an interested party in these proceedings, and the proceedings are stayed pending the hearing and determination of the application dated 19/10/2020 in Misc. Application No. 2 of 2018.
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Albert Maina Githinji v Zamco Company Limited & 2 others [2021] KEELC 1636 (KLR)
✦ The court granted a temporary injunction restraining the Defendants from wasting, constructing on, developing, alienating or otherwise interfering with the Plaintiff's property until the hearing and final determination of the main suit.
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Nancy Wachera Ndiritu v Geoffery Munagi Nganga & another [2021] KEELC 1621 (KLR)
✦ The Court finds that the Plaintiff has failed to prove her claim and the Plaintiff's claim is dismissed entirely with costs to the Defendant.
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Ronald Kimeu Kituli v County Government of Machakos [2021] KEELC 1652 (KLR)
✦ The Court allowed the amendment of pleadings.
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Co-operative Bank of Kenya Limited v Peter Mambo Karinga, Edward Chege Karinga & Albert Mburu Karinga [2021] KEELC 1565 (KLR)
✦ The 3rd Respondent did meet the threshold for grant of interlocutory injunctive orders and the appeal is dismissed
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Peter Paul Mburu Ndururi v Margaret Waithira & 3 others [2021] KEELC 1579 (KLR)
✦ The Court finds that the Plaintiff is the lawful owner of the land parcel and cancels the 1st Defendant's title. The Plaintiff is entitled to a permanent injunction.
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Prime Alms Limited v Registrar of Titles (Environment and Land Miscellaneous Application 5 of 2020) [2021] KEELC 1608 (KLR) (8 October 2021) (Judgment)
✦ The application is dismissed with costs.
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Samuel Thiongo James & another v Benson Nderitu Kagiri [2021] KEELC 1625 (KLR)
✦ The Appellants' appeal is not merited, and the trial court's judgment is upheld.
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Agabatus Ogalo Okoth v Lawrence Morty Opiyo Okeloo; Collins Omondi Achilles & 2 others (Intended Interested Parties) [2021] KEELC 256 (KLR)
✦ The application for joinder of parties is allowed, but the application for removal of restriction and issuance of notice to the respondent is denied.
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Okiya Omtatah Okoiti & 3 others v Ministry of Lands and Physical Planning & 4 others [2021] KEELC 1580 (KLR)
✦ Petitioners have locus standi to institute the suit on behalf of Ndeiya Land Owners as per Article 22 and 258 of the Constitution.
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Quinvest Limited v Margaret Gacigi Gecaga [2021] KEELC 1596 (KLR)
✦ The defendant's application for stay of proceedings is rejected.
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Christopher Kariuki Kirunga & 2 others v Isaac Muriuki Wamai & another; Stephen Waweru & 2 others (Interested Parties/Applicants) [2021] KEELC 1554 (KLR)
✦ The application is dismissed as the plaintiffs have not demonstrated a legal interest in the suit lands and have not provided a grant of administration of their deceased brother's estate.
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Mohamed Godana Jasro t/a Dal International Hotel v Maxwell Otieno Odongo [2021] KEELC 1676 (KLR)
✦ The application is dismissed with costs as there is no evidence of bias.
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Peter Omolo Amoke & 4 others v Rebecca Okeyo & 9 others [2021] KEELC 1672 (KLR)
✦ The Plaintiffs' claim of fraud and existence of trust is dismissed. The suit is dismissed with costs.
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Labanson Joseph Kinyua Michuki & 3 others v National Irrigation Board & another [2021] KEELC 1535 (KLR)
✦ The suit falls within the jurisdiction of the Environment and Land Court and a litigant can challenge a quasi-judicial body's decision through a declaratory suit.
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Rebecca Wanjiruwarui v Wachira Gichegu [2021] KEELC 1552 (KLR)
✦ The court finds that the plaintiff did not prove that the suit land was clan land and held by the defendant in trust for her deceased husband, thus the defendant is the absolute and indefeasible owner.