Kenyan case law
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Jane Nguyai v Fatma Mohamed Ahmed [2020] KEELC 1435 (KLR)
✦ The order of eviction is set aside, and the two pending cases before the Tribunal are consolidated.
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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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Coast Neurology Center Limited v Mohamed Kasim Bakari & 3 others [2020] KEELC 1699 (KLR)
✦ The court finds in favor of the plaintiff, awarding Kshs.12,086,840/= in total.
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Isaiah Mbaabu & 2 others v Land Adj. & Settlement Officer Igembe South District & 4 others [2020] KEELC 1690 (KLR)
✦ The petitioners have locus standi and the petition is merited.
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Daudi Abdalla v Hakim Yusuf Mohamud & another [2020] KEELC 1729 (KLR)
✦ The Court grants interim injunctive orders pending the hearing of the suit.
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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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Lawrence Ngetu Mugambi v Teresia Kathiga Kinyua [2020] KEELC 1692 (KLR)
✦ The appeal is dismissed with costs to the respondent.
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County Council of Meru & 2 others v P.C.E.A thro’ the Registered Trustees [2020] KEELC 1712 (KLR)
✦ The appeal is meritorious, and the judgment of the trial court is set aside. The suit is dismissed, and the appellants are awarded costs.
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Bakari Juma Diwani & 296 others v Charity Wangui Mwangi [2020] KEELC 1740 (KLR)
✦ The court ordered the plaintiffs to submit their original authority to appear, act and plead for forensic examination and to submit copies of their identity card numbers for authenticity.
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Pwani Oil Products Limited v Kenya National Highway Authority & another [2020] KEELC 1706 (KLR)
✦ The application lacks merit and is dismissed with costs to the respondents.
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Khadija Askew (Suing as the administrator and representative of the estate of the Late Kassim Khamisa) v Yusuf Musa Khamisa & 4 others [2020] KEELC 1754 (KLR)
✦ The application is dismissed with costs to the defendants.
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Mary Nyamvula Lenga v Savings and Loan (K) Limited (Now Known as KCB Bank (K) Ltd) [2020] KEELC 1657 (KLR)
✦ The plaintiff's suit is time barred and res judicata, and is struck out with costs to the defendant.
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Kombo Ng’ombe Kombo & 2 others v Mwidadi Saha Mwagula [2020] KEELC 1734 (KLR)
✦ The Plaintiffs' claim is not upheld, and the Defendant is found to be the lawful owner of the land.
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Delta Connections Limited v Alfred Mwaringa Deche [2020] KEELC 1763 (KLR)
✦ The application is dismissed with costs to the Defendants.
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Patricia Bini v Melina Investment Ltd & 3 others [2020] KEELC 1770 (KLR)
✦ The application for extension of time is granted, but the intended reference must be filed within 14 days from the date of the judgment. The Defendants are ordered to bear the costs of the application.
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Katana Charo Fondoh & 2 others v Garder General Trading Limited & another [2020] KEELC 1728 (KLR)
✦ The Court finds the lease agreement to be ultra vires and declares it null and void. The 2nd Defendant is ordered to deliver vacant possession of the leased premises.
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Martha Wangui Muriithi v Limuru Hills Limited & 7 others [2020] KEELC 1769 (KLR)
✦ The Plaintiff's complaint could have been made in the earlier suit and is an abuse of process.
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Paul Mbatia Jason Maina & another v Elizabeth Nduki Kivusyu & 3 others [2020] KEELC 1693 (KLR)
✦ The Plaintiffs have proved their case beyond a balance of probabilities against the Defendants jointly and or severally, and judgment is entered for the Plaintiffs.
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Nathan Waliaula Munoko v Attorney General (Sued on behalf of the Cabinet Secretary Ministry of Lands, Housing and Urban Development) & 3 others [2020] KEELC 1736 (KLR)
✦ The Court declares that the Plaintiff is the absolute registered proprietor of the land parcel and grants him a declaration that the allocations and transfers were null and void.
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Mwanyanje Nyoka Ndahuma & another v Karisa Mbaruku Rashid & 5 others [2020] KEELC 1730 (KLR)
✦ The Court revokes the title deed issued on 20th June 2011 and orders the names of the Defendants to be deleted from the title deed and the Plaintiffs' name to be reflected as the owner.
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Kazungu Karisa Hazizi & another (Suing as the legal representative of the Estate of Karisa Hazizi Ngungi v Josephine Wanjiku Mwaghoti [2020] KEELC 1766 (KLR)
✦ The application for leave to amend pleadings is allowed
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Doughlas Ikua Nderitu v Omar Ali & 2 others [2020] KEELC 1767 (KLR)
✦ The Court finds in favor of the Plaintiff, ordering a permanent injunction against the Defendants to stop demolishing and interfering with the Plaintiff's construction and possession of Plot No. 4343.
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Njiru Gikingi v Nyaga Muthangato [2020] KEELC 1779 (KLR)
✦ The Respondent’s right to recover the suit property from the Applicant has been extinguished under the Limitation of Actions Act (Cap. 21). The Applicant, Njiru Gikingi, has become entitled to be registered as proprietor of Title No. Nthawa/Siakago/1683 in place of the Respondent, Nyaga Muthangato.
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Harold Gerald Rurigi v Gethsemane Ministry, Philima Limited, City Council of Nairobi & Attorney General; Applicants: Karen Nyambura Rurigi &Derek; Nelson Mwai Rurigi (Legal Representatives of the Estate of Harold Gerald Rurigi, Deceased) (Environment & Land Case 223 of 2011) [2020] KEELC 1800 (KLR) (Environment and Land) (9 July 2020) (Ruling)
✦ The court revived the suit, extended the time for substitution of the deceased with the applicants, substituted the applicants as plaintiffs, extended the time for amendment of the plaint, and ordered the applicants to pay costs to the defendants.
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Peter Wamaitha Gichangi v Stanley Kamau Kurua & another [2020] KEELC 1781 (KLR)
✦ The court declared the allocation of the plot to the plaintiff null and void and ordered a permanent injunction against the plaintiff from trespassing and constructing on the plot.