Kenyan case law

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.

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.

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.

Beth Wanjiku Kiura v Attorney General & 2 others [2021] KEELC 1458 (KLR)

✦ The application is dismissed as the court is not convinced that the petitioner has a prima facie case and the case is not arguable with a likelihood of success.

Presbyterian Foundation & another v Charles Ndungu Waithaka [2021] KEELC 1592 (KLR)

✦ The court declared that the plaintiffs are entitled to absolute possession of the property and ordered the defendant to vacate the property.

Robert Ouma Oduori & another v Thomas Muka Maula & another [2021] KEELC 1651 (KLR)

✦ The application lacks merit and is hereby dismissed with costs to the Defendant/Respondent.

Anne Ngima Kingori v Telposta Pension Scheme Registered Trusteees & another [2021] KEELC 1438 (KLR)

✦ The plaintiff is the lawful owner of the suit property and is entitled to enjoy possession thereof.

Andrew Karanja Ndaba & another v Pasadena Systems Limited [2021] KEELC 1703 (KLR)

✦ The Notice of Motion Application is Devoid of Merits and is hereby Dismissed with costs to the Defendant/Respondent.

Anjeli Limited v Kenga Simba & 12 others; Chengo Omar & 19 others (Intended Interested Parties) [2021] KEELC 1463 (KLR)

✦ Application dismissed with costs

Thomas Musyoka Muanga v Mutunga Muanga & another [2021] KEELC 1659 (KLR)

Joyce Chepkorir Rotich v Jingxi Zhongmei Engineering Construction Co. Ltd & another [2021] KEELC 1706 (KLR)

✦ The Court finds that a Constitutional Petition can be lodged between two private persons and that the Preliminary Objection lacks merit.

Diana Lee Lasoi (as administrator & heir of the Estate of Solomon Kipkorir Arap Lasoi) & 2 others v John Kiptoo Cheruiyot & 6 others [2021] KEELC 1684 (KLR)

✦ The application is res judicata and is struck out with costs to the plaintiffs in ELCC No. 472 of 2016

Eric Ongubo Makana v Mellen K. Nyabwari [2021] KEELC 1520 (KLR)

✦ The court has no jurisdiction to hear the matter and the suit is struck out.

Legio Maria Church of African Mission v Melkio Oduor Ogolla [2021] KEELC 16 (KLR)

✦ The court dismissed the appeal but did not award costs to either party. The preliminary objection to the party and party bill of costs should be placed before the deputy registrar for determination.

Chepkonga Arap Ruto Robert Mwisani on Behalf of Themselves & 18 others v Municipal Council of Nakuru [2021] KEELC 1587 (KLR)

✦ The plaintiffs have failed to prove their case on a balance of probabilities and are dismissed with costs.

Clemensia Nyanchoka Kinaro v Joyce Nyansiaboka Onchomba [2021] KEELC 1654 (KLR)

✦ The Court has jurisdiction to extend time for filing a Notice of Appeal.

Sammy Ngugi Karemeri & 11 others v Kanji Devji & another [2021] KEELC 1713 (KLR)

✦ The plaintiffs have acquired title to the remainder of the leasehold interest and are entitled to be registered as lessees.

Benjamin Kipkech Kipkulei v Alex Kungu Kimani & 39 others [2021] KEELC 1695 (KLR)

✦ The application for dismissal of the suit for want of prosecution is dismissed.

Lucy Nyambura Gitonga v Vijaykumar Shamji Patel & another [2021] KEELC 1680 (KLR)

✦ The Court granted the Application for Leave to file the Memorandum of Appeal out of time and granted a Stay of Execution.

Kakuzi Division Development Association v Attorney General & another; Kakuzi PLC (Interested Party) [2021] KEELC 1538 (KLR)

✦ The Court finds that the petition is subjudice and should be struck out and dismissed.

Rocklink Limited v Paul Mbugua Gitau & another [2021] KEELC 1550 (KLR)

✦ The Court extended time to allow the Plaintiff to file a reply to defence and defence to the counterclaim.

Domitien Ndayizeye v Kencom Sacco Society Limited [2021] KEELC 1698 (KLR)

✦ The Plaintiff is entitled to interest on the deposit as a result of the Defendant's intransigence.

Market Plaza Limited v City Council of Nairobi & 3 others [2021] KEELC 1479 (KLR)

✦ The plaintiff's suit is not an abuse of the process of the court, and the 2nd defendant's application is dismissed with costs.

Paolo Di Maria & 5 others v Alice M. Kuria & 5 others [2021] KEELC 1674 (KLR)

✦ The court does not have jurisdiction to hear and determine the matter.

Muhu Holdings Limited v Nyakuhi Kamau & 173 others [2021] KEELC 1615 (KLR)

✦ The court found that the Plaintiff failed to prove the contempt of court charge against the Defendants, thus not granting the orders sought.