Kenyan case law
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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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Kencom Sacco Society Limited v David Machio & 4 others [2020] KEELC 1785 (KLR)
✦ The Court upholds the Notice of Preliminary Objection and strikes out the Plaintiff's entire suit.
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John Wakaba Njau & 11 others v Markroscar Kenya Limited [2020] KEELC 1802 (KLR)
✦ The court orders the defendant to execute and hand over the instruments of transfer of the land, deliver the original title, and provide the necessary completion documents. The plaintiffs are to bear their own costs.
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Raphael Njoroge Warari & 12 others v Jecinta Nyakinyua Karanja [2020] KEELC 1789 (KLR)
✦ The Court finds that Plaintiffs have acquired title by adverse possession and are entitled to the land.
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Kenya Wildlife Service v Shihua Industry Alliance Co. Ltd,County Conservatory,Attorney General & Director Public Proseuction (Environment & Land Case 23 of 2019) [2020] KEELC 1726 (KLR) (9 July 2020) (Ruling)
✦ The officer-in-charge of the Kenya Wildlife Service, Mombasa, is found guilty of contempt of court.
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Joseph Kinyanjui Wanjiru v Silas Muriithi Nguchu & 2 others [2020] KEELC 1757 (KLR)
✦ The court declares the plaintiff as the legitimate registered proprietor of the land and declares the defendant's purported transfer and parallel register null and void.
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Kennedy Ellam Wekesa (As the representative of Estate of George Ellam Wekesa v Abdulla Taib (As the representative of Estate of Sheihk Ali Taib [2020] KEELC 1771 (KLR)
✦ The court lacks jurisdiction to hear the suit as it would amount to supervising a higher court's decisions
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Ngari Kiranga v Jerusha Mucogo Kiura & 2 others [2020] KEELC 1784 (KLR)
✦ The judgment dated 20th February 2020 shall not be set aside.
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African Arts Limited v Shazmeer Enterprises Limited [2020] KEELC 1651 (KLR)
✦ The court granted a conditional stay of execution, ordering the appellant to pay half of the assessed rent (Kshs.74,943) with effect from February 1, 2019, and to pay all arrears within three months.
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James Nganga Karanja v Grace Mukami Ndungu &another; [2020] KEELC 1787 (KLR)
✦ The agreement of sale between the appellant and the 1st respondent was null and void due to lack of consent from a co-administrator of the deceased's estate and failure to comply with formal requirements.
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Salome Mumbi Gachii & another v Kenya National Highways Authority (KENHA) [2020] KEELC 1746 (KLR)
✦ The Court lacks jurisdiction to determine the matter due to the Plaintiffs' failure to comply with the mandatory requirement of Section 67(a) of the Kenya Roads Act.
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Regina Njeri Njoroge v Lilian Wangui Ndichu & 20 others [2020] KEELC 1791 (KLR)
✦ The application is allowed, and the suit is reinstated for hearing on merit with costs to the respondents.
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Republic v Chairman Rent Restriction Tribunal Exparte Gatanga Mugitiri Company Limited; Samuel Maina Munene (Interested Party) [2020] KEELC 1797 (KLR)
✦ Leave is granted to apply for judicial review orders
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Dama Maitha Ngambo & another v Delaco Limited [2020] KEELC 1434 (KLR)
✦ The application for leave to appeal is dismissed. The applicant is ordered to pay costs of KShs. 10,000/=. The litigation is considered to have ended more than 6 years ago.
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Simasi & another (Suing as Administrators of the Estate of the Late D.A Vaughan Philpott) v Registrar of Lands, Mombasa & another (Environment & Land Case 188 of 2016) [2020] KEELC 3993 (KLR) (9 July 2020) (Ruling)
✦ The court granted a stay of execution pending appeal, subject to the applicants depositing the taxed costs within 30 days of taxation and providing security for the due performance of the decree.
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Philip Mwasi Kasavo v Chokwe Mutunga & another [2020] KEELC 1733 (KLR)
✦ The application is dismissed with costs to the respondent.
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African Arts Limited v Shazmeer Enterprises Limited [2020] KEELC 1745 (KLR)
✦ The court granted a conditional stay of execution, ordering the appellant to pay half of the assessed rent and to pay all arrears within three months.
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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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Jane Njoki Kubai & another v James Kubai Mathu & another [2020] KEELC 1774 (KLR)
✦ The court ordered the property to be valued by a court-appointed valuer and sold by private treaty through the advocates of the parties. The proceeds from the sale would be distributed as per the consent order recorded in court on 18/9/2017.
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Francis Okanga Samson v Kassim Said Mwatamu & 2 others [2020] KEELC 1778 (KLR)
✦ The appeal is allowed, the judgment and order of the Chief Magistrate are set aside, and the Land Registrar is directed to determine the boundaries of land parcels KWALE/UKUNDA/72 and KWALE/UKUNDA/82.
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Joshua Jaoko Oketch v Erastus Opiyo Otieno [2020] KEELC 1497 (KLR)
✦ The court held that the defendant is the registered owner of the suit land and that the plaintiff's claim of adverse possession is not valid.
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Domiziano Ratanya v Nchiru Catholic Church and Parish (Thro’ The Catholic Diocese of Meru Trustees [2020] KEELC 1723 (KLR)
✦ The plaintiff's claim is not time barred and the matter is not res judicata.
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Noor Mohammed Farah v Gladys Njeri & another [2020] KEELC 1458 (KLR)
✦ The plaintiff is not entitled to orders of eviction, the orders sought have been overtaken by events, and the plaintiff is not entitled to compensation for loss of business.
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Anthony Njoroge & 2 others v County Government of Nairobi & another [2020] KEELC 1649 (KLR)
✦ The petition is dismissed for lack of merit, with costs to the 1st respondent. The 2nd petitioner is awarded damages of Kshs 4,947,400 plus costs of the petition against the 1st respondent.
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Josephine Hongo Kapesa v Alef Limited [2020] KEELC 1761 (KLR)
✦ The applicant is entitled to be registered as the owner of the land