Kenyan case law
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John Mutunda & 2 others v John Munuve Musee & Mue Munuve [2017] KEELC 1880 (KLR)
✦ The Court allows the Plaintiffs' application for restraining order and directs the Defendants to comply with the boundary established by the Land Adjudication Officer.
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Kipkai Enterprises Ltd v Maurine Louise Osembe [2017] KEELC 1624 (KLR)
✦ The Plaintiff is entitled to Kshs. 5,075,500 for rental arrears, restoration costs, and alternative costs of restoration.
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Kimitei Rotich & 2 others v Board of Governors, Cheborwo Agricultural Training Centre & 4 others [2017] KEELC 1520 (KLR)
✦ The application for a temporary injunction is dismissed with costs, as the property under dispute belongs to the public and is designated for purposes of improving the lives of Kenyans in terms of Agriculture and livestock. The plaintiffs' private interests cannot override the public interest.
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Musili Kivingo & another v Kitili Kilonzo [2017] KEELC 1872 (KLR)
✦ The Plaintiffs have proved their case on a balance of probabilities.
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Joseph Muoki Kakenyi & 3 others v David Hopcraft & another [2017] KEELC 1884 (KLR)
✦ The 1st Defendant is a necessary party in the proceedings and the Plaintiffs' claim is valid.
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Patrick Tunda Maingi v Kenya Electricity Transmission Co. Ltd [2017] KEELC 1792 (KLR)
✦ Award the Plaintiff Kshs. 650,000 being the open market value of the land that was acquired by the Defendant.
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Josephat Mulwa Mukima v Jesse Ng’ang’a Gakobo & 11 others [2017] KEELC 1788 (KLR)
✦ The Plaintiff's application for an injunction is allowed, and the Defendants are restrained from further dealings in the suit land.
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Patrick Daudi Kimuli v Katelembo Athiani Farmers & Ranching Co. Ltd & 4 others [2017] KEELC 1823 (KLR)
✦ The Application is dismissed as there is no evidence to support the allegation of disobedience.
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Kenya African National Traders & Farmers Union v Florence Muoti Kioko & James Mulika Muindi (substituted as defendant in place of Agnes Mbithe Muindi – Deceased) & 18 others [2017] KEELC 1812 (KLR)
✦ The consent order of December 19, 2014 is set aside, and the status quo is maintained in respect to the parcel of land known as Mavoko Municipality Block 3/54594 and 54595. Interested parties are enjoined as defendants, and the Plaintiff is ordered to amend the Originating Summons to include the Interested Parties as defendants.
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Philemon Murungi v Neno Courier Services & another [2017] KEELC 1551 (KLR)
✦ The application for extension of the injunction is dismissed with costs, and the application for leave to institute contempt proceedings is also dismissed.
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Daniel Kimanthi Mutisya & another v Chairman & 3 others [2017] KEELC 1813 (KLR)
✦ The application is dismissed with costs due to the unresolved issue of land ownership and the need to find legal representatives for Ndambuki Kaveke.
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J W G v M N K & another [2017] KEELC 1615 (KLR)
✦ The Plaintiff has proved adverse possession and the Defendants are ordered to transfer the title to the Plaintiff.
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Alfred Karasha & another v Simeon Joseph Ole Karasha & 3 others [2017] KEELC 1936 (KLR)
✦ The Application is dismissed with no orders as to costs. The status quo on the resultant subdivision of the suit land to be maintained until further orders of the court.
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Samuel Gioche t/a Sagio Contractors v Stanley Mwangi Kiboro & another [2017] KEELC 1927 (KLR)
✦ The Plaintiff’s pleadings and the Notice of Motion are not invalid and can remain in the case.
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Norkan Investments Limited v City Council of Nairobi & another [2017] KEELC 1660 (KLR)
✦ The court upheld the previous ruling granting a permanent injunction to the plaintiff.
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Edward Njuguna Kangethe v Joel Kiema Mutinda & 2 others [2017] KEELC 1515 (KLR)
✦ The Court held that the Plaintiff made a valid payment of Kshs 8.3 million on account of the 1st and 2nd Defendants.
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Mavoko Land Development Co. Ltd v Erastus Kimeu [2017] KEELC 1919 (KLR)
✦ The Court disallows the Plaintiff's application for an injunction and orders that the status quo be maintained pending the hearing and determination of the suit.
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Ann Mumbi Hinga v William Mwangi Gathuma & another [2017] KEELC 1572 (KLR)
✦ The Court rescinds the sale agreement and orders the Defendants to vacate the suit land.
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Peter Munyua Gatara v Mary Wambui Munyua [2017] KEELC 1818 (KLR)
✦ The court finds that the Plaintiff's claim of insanity at the time of signing the transfer form is not supported by the evidence and thus the transfer is valid.
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Betty Nkatha v Consolata Karegi Robert & 3 others [2017] KEELC 1640 (KLR)
✦ The court confirms the previous orders granting an injunction and extends the period of the injunction to one year.
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Mary Chelangat v David Kipkemoi Langat [2017] KEELC 1746 (KLR)
✦ The court dismissed the application for injunction as the plaintiff did not establish a prima facie case.
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Joshua M’mwirebua Kireru v Kathiari Mungania [2017] KEELC 1635 (KLR)
✦ The court denied the application for a temporary injunction and instead ordered that no further developments be carried out on the suit land, no demolitions be carried out, and costs be awarded to Kireru.
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John Mbae Tingiwas v Rose Igoki & 2 others [2017] KEELC 1773 (KLR)
✦ The application is dismissed.
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David Kabulu Thanyaku v Joseph Ncubiri [2017] KEELC 191 (KLR)
✦ The application is allowed for a period of one year.
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Kingdom Capital Africa Limited v Intra Africa Assurance Limited [2017] KEELC 1830 (KLR)
✦ The court is not satisfied that a mandatory injunction ought to issue and directs the Plaintiff to set down the suit for hearing.