Kenyan case law
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Nancy Mwari Marete & another v Daniel Riungu Marete & another [2019] KEELC 1676 (KLR)
✦ The court found that the plaintiffs had raised the issue of trust in their pleadings and that the defendant held the land in trust for the plaintiffs.
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Cyprianus Okoth Okere v Nacico Sacco Society Limited [2019] KEELC 1523 (KLR)
✦ The appeal is dismissed with costs to the respondent. The appellant is given sixty (60) days to vacate the premises in default, the respondent may then evict him using lawful means.
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Loyford Muriuki Riara & 3 others v Kithinji Njoka, Murithi Njoka & 3 others [2019] KEELC 1719 (KLR)
✦ The court grants the application to remove the caution on the land parcel to facilitate the implementation of the previous judgment.
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John Ngugi Ngigi v Danson Njoroge Murata [2019] KEELC 1703 (KLR)
✦ The court upheld the Tribunal's decision, finding that the respondent had made out a case for vacant possession under Section 7(1)(f) of the Act.
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Melisa Akumu Songoro v Ernest Twabwalaba & 2 others [2019] KEELC 1696 (KLR)
✦ The appeal is dismissed as the Notice of Appeal was not filed within the prescribed time frame and the court does not have the authority to stay execution of the judgment pending the appeal.
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Albert Sore Mangula v Josephat N. Wanangwe & 2 others [2019] KEELC 1689 (KLR)
✦ The court finds in favor of the plaintiff and orders the defendants to vacate the plaintiff's land within six months.
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Republic v Banjamin Maora & 2 others; Philip Maora & 4 others (Interested Parties) [2019] KEELC 1648 (KLR)
✦ The court granted leave to amend the ex-parte Chamber Summons.
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Benjamin Wachia Kona v Mato Talai & 2 others [2019] KEELC 1704 (KLR)
✦ The application is granted, and the plaintiff is allowed to amend the plaint.
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Chairman & 4 others v Isaya Musungu Nambikhwa [2019] KEELC 1652 (KLR)
✦ Ebubere Primary School has established adverse possession for 12 years and is declared the owner of land LR E. Wanga/Munganga/943. The defendant is ordered to transfer the land to the plaintiffs within three months from the date of the judgment.
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Rose Mulonda Opanda & 3 others v Leonida Omukhoyia Nyangweso [2019] KEELC 1690 (KLR)
✦ The court dismisses the application with costs, finding that the appeal is not arguable and that granting a stay would not render the appeal nugatory.
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James Obara Keya & 2 others v Stephen Rakita Kurende [2019] KEELC 1654 (KLR)
✦ The Plaintiffs are entitled to specific performance of the Sale Agreement as the Defendant failed to transfer the land as per the agreement.
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Moses Njoroge Thara & another v Actae Development Limited & 11 others [2019] KEELC 1613 (KLR)
✦ The court finds merit in the application and allows the Notice of Motion dated 20th February 2019 in terms of prayers (3). Each party shall bear their costs.
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David Lubanga Maleya v Japheth Musasa Libese & another; Ernest Chavasu (Interested Party) [2019] KEELC 1641 (KLR)
✦ The petition is res judicata as the petitioner had already applied for a review of the decree/judgment in Vihiga SPM Misc. Application No. 34 of 2003, which was dismissed.
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Justus Shiluli Imbwaga & another v Solomon Ahindukha & another [2019] KEELC 1645 (KLR)
✦ The court finds that the defendant's counter-claim was not proved on a balance of probabilities and will not grant the application for eviction.
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Bos Shipping (East Africa Limited) v Abdalla Abdul Rehman & another [2019] KEELC 1592 (KLR)
✦ The application for injunction is allowed, and the defendants are restrained from interfering with the plaintiff's possession of the suit property.
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Safaricom Ltd v Emfil Limited [2019] KEELC 1597 (KLR)
✦ Defendant is granted leave to amend its counterclaim
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Moses Murimi Masiaga v Thomas Magaiwa Sarima & another [2019] KEELC 1482 (KLR)
✦ The court directed the parties to maintain the obtaining status quo in respect of the suit land and in particular, there shall be no further fencing, building or any other development, lease or transfer of the land pending the hearing and determination of the suit on merit.
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Richard Etyanga v Kenya Power and Lighting Company; Rural Electrification Authority (Third Party) [2019] KEELC 1127 (KLR)
✦ The preliminary objection is upheld, and the plaintiff's case is struck out with costs.
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Musha Chengo Kenga & another v Lenox Kahindi Fakuro (On Behalf of the Fakuro Randu) [2019] KEELC 1607 (KLR)
✦ The notice of motion dated 12th November, 2018 is without merit and dismissed with costs to the respondent
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Robert Moffat Njoka v Benjamin Collins Mati & Gerrad Nyagi Wilson [2019] KEELC 1721 (KLR)
✦ The documents filed by the 1st defendant are expunged, and the judgment in ELC 10, 11, 12, 13, and 14 will be delivered on 15th October, 2019.
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Mugumoini Farmers Company Limited v Inshwil Builders & Engineers Limited [2019] KEELC 1712 (KLR)
✦ The Preliminary Objection is not merited and is dismissed with costs to the Plaintiff.
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Mugumoini Farmers Company Limited v Inshwil Builders & Engineers Limited; Ephraim Waithaka Ruitha & another (Proposed Interested Parties) [2019] KEELC 1683 (KLR)
✦ The application is granted, and the Applicants are enjoined as Defendants to the suit.
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Henry Mwangi Mburu & 111 others v John Ole Nchoe & 84 others [2019] KEELC 1661 (KLR)
✦ The court dismisses the application as it lacks merit and the applicants have not discharged the burden of proof to have a party enjoined.
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Republic v Chairman Land Disputes Tribunal Kajiado & another; Marau ole Meyoki Shokore (Interested Party) Ex Parte Kiriset ole Musei [2019] KEELC 1651 (KLR)
✦ The court found that the undated decree is not enforceable and should be quashed.
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Mutegi Mugwetwa v County Ministry of Lands, Physical Planning Energy & ICT County Government of Tharaka Nithi & 4 others; Chuka Igambang’ombe Development Association (Interested Party) [2019] KEELC 1728 (KLR)
✦ The court deems the plaintiff's submissions as filed in court, directs defendants and interested party to file written submissions within 14 days, and sets a date for further directions.