Kenyan case law
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High Preference Properties Ltd & another v Stephen Maina Muturi [2016] KEELC 1288 (KLR)
✦ The First Application is dismissed with costs to the Defendant. The Second Application is dismissed with no order as to costs.
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James Macharia & another v Mohammed Nazir Khan [2016] KEELC 830 (KLR)
✦ The plaintiffs' suit is dismissed. The defendant's counterclaim for possession of the property is allowed.
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Jared Otieno Aridi v District Adjudication and Settlement Office Bond and Rarieda [2016] KEELC 1002 (KLR)
✦ The court grants leave to file a substantive application for mandamus to compel the respondent to disclose the details relating to adjudication, demarcation and registration of the parcels and to give consent to the applicant to sue on the said parcels.
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Stanley Wechuli Simiyu v Stephen Kibe Gakuru & Nancy Wanjiku Kibe (both t/a Kiwanji Enterprises) & another [2016] KEELC 1218 (KLR)
✦ Both suits are hereby consolidated with the lead file being ELC. NO.121 of 2013
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Simon Tesot Kipkirui v Sarah Rotich [2016] KEELC 362 (KLR)
✦ The application for an injunction to stop the defendant from interfering with the surveyor's work of opening the road of access is allowed. The defendant is also restrained from blocking the surveyor or other officers from opening up such road.
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Janedra Raichard Shah & 2 others v Mistry Valji Naran Samat [2016] KEELC 600 (KLR)
✦ The application to cancel the warrants is dismissed as it lacks merit. The application to release the deposited sum is certified urgent and the money should be released immediately.
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Geoffrey Muthingani Gichuru v Marion Mutundu Gichuru [2016] KEELC 221 (KLR)
✦ The court dismissed the application as the property has already been subdivided.
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Jane Wangithi Ngiri v Samson Maganjo Gatei & another [2016] KEELC 164 (KLR)
✦ The court finds that the ex-parte order of leave granted by Khaminwa J. was properly obtained, and the onus was on the defendant to demonstrate otherwise.
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James C.O. Okello v Peter Parsalie Ole Kipaa & another [2016] KEELC 183 (KLR)
✦ The Plaintiff's application is not merited and the same is dismissed. The status quo order is granted.
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Noor Ahmed Noor & 158 others v Kenya Railways & another [2016] KEELC 197 (KLR)
✦ The Court finds that the Plaintiff's application is competent and not fatally defective, and the Kenya Railways Corporation Act is applicable to the Plaintiff's claim.
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Sukhdev Singh Laly v Janet Leeland & another [2016] KEELC 1091 (KLR)
✦ The court dismisses the suit due to the parties' absence on the hearing date.
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Gachanja Gitau & 2 others v Mwangi Gitau alias Waithaka Gitau [2016] KEELC 855 (KLR)
✦ The plaintiffs failed to prove that the defendant holds the suit property on their behalf and on his own behalf.
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James Tako Lopoyetum v County Government of West Pokot [2016] KEELC 613 (KLR)
✦ The court finds that the applicant has not demonstrated a prima facie case for encroachment and therefore the application for a temporary injunction is dismissed.
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Solomon Omwega Omache & another v Zachary O Ayieko & 2 others [2016] KEELC 827 (KLR)
✦ The court finds the plaintiffs' application to have merit and grants an injunction in terms of prayer (3) of the Notice of Motion.
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Presbeta Investment Limited & another v National Bank of Kenya & 2 others [2016] KEELC 617 (KLR)
✦ The court held that the suit against the 3rd Defendant is not incurably defective and the Plaintiffs are entitled to interim orders.
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Geofrey Wamugi Ndung'u v Samuel Ngigi Ndung'u [2016] KEELC 206 (KLR)
✦ The court finds that the land in dispute is Eldoret Municipality/Block 16 (Kamukunji)/818, which is not agricultural land and is not a leasehold.
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Rosemary Moraa Obara v Jesse Ng’ang’a Mbochi [2016] KEELC 238 (KLR)
✦ The court directs the land registrar to place an inhibition in the register of land parcel Kisii Municipality/Block III/97 until the suit is heard and determined.
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Francis Mwiti Wanderi v M'mbijiwe M'twamwari & another [2016] KEELC 64 (KLR)
✦ The application for an interlocutory injunction restraining the Defendants from trespassing, depositing building stones, constructing structures, dealing, cultivating, and fencing the Plaintiff's land is granted.
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Ibrahim Mweny Kotit v Alemusia Kotit [2016] KEELC 358 (KLR)
✦ The applicant’s application lacks merit and is dismissed with costs to the respondent.
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General H. W. Njoroge v William Njoroge Mbote [2016] KEELC 1280 (KLR)
✦ Defendant's Preliminary Objection is dismissed.
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James Ngari Muchiri v Morris Mutero Kimotho & another [2016] KEELC 816 (KLR)
✦ The court dismissed the appeal, upholding the trial magistrate's decision to set aside the ex-parte judgment and grant leave to the appellant to defend against the counter-claim.
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Jared Omwoyo Nyakwara v Alice Kingori [2016] KEELC 349 (KLR)
✦ The court directs that the property be let out to a paying tenant and managed by Metrocosmo Ltd pending the conclusion of the case.
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Teresa Chebichii Ruto v Talelei Kiptenai [2016] KEELC 29 (KLR)
✦ Application granted, orders for demarcation and police oversight granted
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Hezekia Kipkorir Maritim & 10 others v Philip Kipkoech Tenai & 2 others [2016] KEELC 673 (KLR)
✦ The court found that the plaintiffs have a common cause against the defendants and that the suit has been filed by the 11 plaintiffs in their individual capacity, not on representative capacity. Therefore, the instant suit is not a representative suit.
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Gabriel Macharia Njoroge v Land Registrar, Muranga & another [2016] KEELC 966 (KLR)
✦ The plaintiff is entitled to the orders sought in the Notice of Motion dated 30th July 2015, including an order of status quo and leave to amend the plaint.