Kenyan case law
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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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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.
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Alexander Nyaga v Benjamin Collins Mati & another [2019] KEELC 1727 (KLR)
✦ The court expunged documents filed by the 1st defendant and fixed the 15th of October, 2019 as the date for delivery of the judgment.
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Rufus Munyua Muchiri v John Muchiri Njagi [2019] KEELC 1720 (KLR)
✦ The court directs the plaintiff to effect proper service upon the defendant within 21 days of the ruling.
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Njeru Phillip Njoka v Benjamin Collins Mati & Gerrad Nyagi Wilson (Environment & Land Case 12 of 2018) [2019] KEELC 1725 (KLR) (23 September 2019) (Ruling)
✦ The court confirms the expungement of documents filed by the 1st defendant and sets a date for the delivery of the judgment.
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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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Judith Julia Wanjiro Njoroge v Samuel Ngeru Mwangi [2019] KEELC 1716 (KLR)
✦ The application is allowed in terms of prayers 3, 4 & 5, and the Plaintiff is ordered to vacate the suit land within 15 days from the date of the judgment. The Plaintiff shall have the costs of the suit.
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Bundi Kiragu v Benjamin Collins Mati & another [2019] KEELC 1723 (KLR)
✦ The documents filed by the 1st defendant are expunged, and a copy of the ruling will be filed in ELC 11, 12, 13, and 14.
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Julia Mugure (suing as the administratrix of the estate of the late Wilfred Njagi Kiragu – Deceased) v Benjamin Collins Mati & another [2019] KEELC 1726 (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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Musili Kivingo & another v Kitili Kilonzo [2019] KEELC 1608 (KLR)
✦ The application is dismissed with costs as it is an abuse of the court process.
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Issa Kazungu Mweni v Karisa Kaingu & 3 others [2019] KEELC 1740 (KLR)
✦ The application is allowed in terms of Prayer No. 3 thereof.
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Kadzo Angore Kazungu & another v Abdalla Salim Omar [2019] KEELC 1756 (KLR)
✦ The Applicants' claim for adverse possession is dismissed, and the suit is dismissed with costs to the Respondent.
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Peter Musungu Kenyatta v Julius Kituri Ngondo [2019] KEELC 1747 (KLR)
✦ The Court re-admits the appeal due to the Appellant's counsel's mistake in diarizing the date for highlighting submissions.
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Makau Nzuki v Benson Nzioka Makenzi [2019] KEELC 1599 (KLR)
✦ The Application is dismissed with costs as the Applicant has not given a plausible and reasonable explanation for his failure to file the Memorandum of Appeal within the requisite period.
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Campus City Limited & 3 others v Gabriel Baraka Thoya & 3 others [2019] KEELC 1743 (KLR)
✦ The Plaintiffs are the lawful owners of the disputed parcels of land and are entitled to a declaration of their ownership and a permanent injunction against the Defendants.
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Nardielo Maurizio & 3 others v Tropicana Hotels Limited [2019] KEELC 1737 (KLR)
✦ The Plaintiffs' application is allowed in terms of Prayers 2, 4, and 5 thereof
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Ali Abdalla Azan v Ali Mohamed & another [2019] KEELC 1752 (KLR)
✦ The court denies the plaintiff's prayer for an injunction and dismisses the plaintiff's claim.
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Damaris Akinyi Nondi and another (Suing as Administrators and Personal Representatives of the Estate of James Opiyo Opondo, deceased) v Asghar Khanabhai & 2 others [2019] KEELC 1750 (KLR)
✦ The Court finds in favor of the Plaintiffs, declaring the land as part of the Estate of the deceased and granting a permanent injunction against the Defendants.
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Julius Ngigi Munjuga v Chairman, Board of Governors Murang’a College of Technology Primary School [2019] KEELC 1569 (KLR)
✦ The Court grants the plaintiff's application for the removal of the fencing and directs the Officer in Charge of Muranga Police Station to provide security for the execution of the decree.
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Jamleck Mbogo Warui v Martin Ndegwa Githinji & another [2019] KEELC 1457 (KLR)
✦ The defendant's counter-claim is upheld, and the plaintiff is ordered to vacate the land within three months or face eviction.
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Michael Wambua Musyoka (Suing as the administrator of the Estate of Kiloko Mitaa (Deceased) v David Wachira Kagunda [2019] KEELC 1617 (KLR)
✦ The Court found that the Defendant did not have legal title to the land and that the Plaintiff, Kiloko Mitaa's administrator, is the rightful owner.
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Matasi Mutuku & another v Syokimau Farm Limited & another [2019] KEELC 1604 (KLR)
✦ The Application is dismissed with no order as to costs.
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Mbetsa Sadi Munga & 89 others v Peter Kahi & 5 others [2019] KEELC 1749 (KLR)
✦ The Court held that the land is not Government Land and is not Trust Land. The Plaintiffs' customary land rights are not recognized.
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Anthony Ashley Burch v Sampat t/a Kilifi Enterprises [2019] KEELC 1735 (KLR)
✦ Sampat is a periodic tenant and owed rent to Burch. Burch is entitled to mesne profits and an escalation of rent from October 2009.
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Kangangi Gatogoni & 9 others v Attorney General & 4 others [2019] KEELC 1562 (KLR)
✦ The plaintiffs' claim is dismissed. The defendants are not liable for encroachment and the plaintiffs have not shown that their land has been encroached upon.