Kenyan case law
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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.
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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.
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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.
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Kisumu Guest House Limited v L. Ouma & 12 others [2021] KEELC 1632 (KLR)
✦ The court held that the plaintiff did not acquire a valid title in the disputed portion of the suit property and that the defendants trespassed on the property.
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Mugo Michael Njagi & Others v Nyaga Gichindano & another [2021] KEELC 677 (KLR)
✦ The application is dismissed with costs
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Ciomatu M’Imula v Christine Muthoni Kiramunya [2021] KEELC 1665 (KLR)
✦ The appeal is allowed, with each party to bear its own costs
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Careenas Holdings t/a Digitec Cyber v Nawab Mohamed Haji Mirdor [2021] KEELC 1431 (KLR)
✦ The rent increase is not valid, and the matter is remitted back to the Tribunal for a fresh assessment of rent.
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Leonard Dawafula Juma & another v Charles Ouma Masakhalia & another [2021] KEELC 1697 (KLR)
✦ The Applicants' claim cannot succeed as long as the suit title Bukhayo/Bugengi/21 has not been partitioned between the two owners. Consequently, the suit has no merit and is hereby dismissed with costs to the Respondents.
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Bertha Mwari Kimathi & 7 others v Silas Maingi M’Muthaura [2021] KEELC 1670 (KLR)
✦ The court declines to allow prayers 3, 4, 5, and 6 of the application due to lack of evidence of alleged contempt or refusal to sign forms. Leave is granted for the firm of Kaimba Peter and Co. advocates to come on record for the plaintiffs.
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Patrick Simiyu Wamoto & another v County Surveyor, Trans Nzoia Andrew Kitum & 24 others [2021] KEELC 1656 (KLR)
✦ The court grants a temporary injunction restraining the defendants from trespassing and hiving off portions of the plaintiffs' land.
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Mary Njeri Njoroge v Benjamin Sironka Metoyu & another [2021] KEELC 1696 (KLR)
✦ The Appellant is not entitled to the three acres of land as the transaction between her and the deceased was found to be void due to lack of consent from the Land Control Board.
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Nancy Chepkirui Soi v Gideon Maritim [2021] KEELC 1687 (KLR)
✦ The court partially dismissed the plaintiff's suit and partially granted the defendant's counterclaim.
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Peter Mwaura Tharee v Robert Njenga Mwaura [2021] KEELC 1626 (KLR)
✦ This court has no jurisdiction to determine the distribution of the deceased's estate and the income from the structures on the suit property. The applicant should apply for grant of letters of administration in a court of competent jurisdiction.
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Dhamini Limited v Tanad Transporters Ltd & another [2021] KEELC 1660 (KLR)
✦ The application is allowed with no orders as to costs
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Kiraita Abuta v Richard Nyandika [2021] KEELC 1663 (KLR)
✦ The court held that the suit was time-barred due to the statute of limitations and dismissed the order of specific performance.
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Margret Mukonatho v Attorney Genenral & 4 others [2021] KEELC 1667 (KLR)
✦ The preliminary objection is upheld, and the originating summons is struck out with costs to the respondents.
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Margaret Wanjiku Muhia v Mary Njeri Ng’ang’a (Sued as the legal representative of the estate of Ng’ang’a Mutura) & another [2021] KEELC 1640 (KLR)
✦ The court is not persuaded that the Plaintiff has established her adverse possession claim.
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Edward Misoi v Francis K Misoi [2021] KEELC 1710 (KLR)
✦ The court dismissed the defendant's application and upheld the plaintiff's application for the County Surveyor to visit and ascertain the boundary of the land.
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Richard Mululu & another v Geoffrey Oraro Obura & 3 others; Paul Masila Kimeu, the Administrator, Syokimau Farm Ltd (Interested Party) [2021] KEELC 1631 (KLR)
✦ The application for substituted service is allowed, and the summons will be served through advertisement in one of the daily newspapers with national circulation.
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Peter Ndungu Gathumbi & 2 others v Joan Njoki Ndungi; Persiah Muthoni Masinde (Interested party) [2021] KEELC 1648 (KLR)
✦ The plaintiffs' application for an injunction and committal to civil jail for contempt is dismissed with costs to the defendant.
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Geoffrrey Kipkemboi Lelei v Alice Jepkoech Yano [2021] KEELC 1495 (KLR)
✦ The Plaintiff's suit is res judicata and the Defendant's Preliminary Objection is upheld.
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Annah Agnes Nduta v Jeniffer Ogambla [2021] KEELC 1617 (KLR)
✦ The Plaintiff is the lawful owner of the suit property.
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Richmond Macharia Kariuki v Alex Achola Owino [2021] KEELC 1586 (KLR)
✦ The court finds that the plaintiff is the lawful owner of the suit property and declares it so. A permanent injunction is issued restraining the defendant from interfering with the plaintiff's possession and ownership of the property.
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Presbyterian Foundation Limited v Principal Secretary Ministry of Interior & Co-ordination & 5 others [2021] KEELC 1624 (KLR)
✦ The court has jurisdiction to determine the petition. The Petitioner is the lawful proprietor of the suit property. The 3rd Respondent has trespassed on the suit property. The Petitioner's rights under Articles 29(c), 32, and 40 of the Constitution have been violated. The Petitioner is entitled to the reliefs sought in the amended petition.
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Kangwei Charo Karisa & 67 others v Salim Ahmed Haji & 18 othes [2021] KEELC 1709 (KLR)
✦ The court granted the injunction application, restraining the plaintiffs from dealing with the property pending the hearing and determination of the application and suit.