Kenyan case law
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Turbo Highway Eldoret Limited & 2 others v Bank of Africa Kenya Limited [2016] KEELC 1088 (KLR)
✦ The applications for injunction are dismissed with costs.
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Festus Kiptoo v Evans M. Omwenga & 2 othes [2016] KEELC 808 (KLR)
✦ The application is misconceived as the order sought to be stayed is negative and incapable of execution. The court dismisses the application with costs.
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Henry Changawa Bomu & 9 others v Kindimba Limited [2016] KEELC 773 (KLR)
✦ The application for contempt is dismissed
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Grace Nyaboke Mogunde v Moses Nyandieka Mogunde & another [2016] KEELC 247 (KLR)
✦ The plaintiff is entitled to the full compensation and the suit is fully compromised.
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Rosemary Nyambura v Beatrice Adhiambo Odero & another [2016] KEELC 671 (KLR)
✦ Plaintiff's application for injunction is allowed
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Samson Ratemo Momanyi v Vane Misoko & Another [2016] KEELC 925 (KLR)
✦ The application is dismissed with costs to the defendants
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Thomas Shadrack Otochi & another v Daniel Mosomi Mogere & another [2016] KEELC 820 (KLR)
✦ The court grants a temporary injunction restraining the defendants from disposing of the suit property until the suit is heard.
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Sarah Chelagat Samoei v Musa Kipkering Kosgei & another [2016] KEELC 869 (KLR)
✦ The application to transfer the suit was an ordinary application filed under Section 18(1)(b) of the Civil Procedure Act, 2010, and not a suit. The taxing of the bill of costs was incorrect.
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Isaac Muciri Githinji v David Wainaina Gachoka [2016] KEELC 74 (KLR)
✦ The court orders a refund of Ksh. 256,270.00 plus interest at the rate of 50% from the date of the agreement.
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Jacob Waweru Kiarie v Charles Kipchumba Biwott Kiputia [2016] KEELC 85 (KLR)
✦ The court finds that the plaintiff is the absolute proprietor of the suit land and orders the defendant to vacate the premises within 30 days, with eviction by the plaintiff if necessary.
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Titus Ng’ang’a Kamuyu v Joseph Gitagia Mutheki & another [2016] KEELC 1098 (KLR)
✦ The application for summary judgment is dismissed with costs.
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Francis Muriuki Muragori v Ephantus Wachira Ngochi & 3 others [2016] KEELC 309 (KLR)
✦ The court declines to dismiss the suit and orders that the plaintiff sets down his suit for hearing within 90 days from the date of the judgment. Costs for the application are awarded to the applicant and the 3rd defendant.
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Sylvia Mwakwanyaga Maina v Joseph Maina Nganga & 5 others [2016] KEELC 1284 (KLR)
✦ The court finds that the land registry records were obtained through fraud and cancels the subdivided titles and transfers.
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Thalia Katia Maria Castanha v Middle East Bank Kenya Limited [2016] KEELC 1136 (KLR)
✦ The court finds in favor of the Plaintiff, declaring the Defendant's demand for interest unconstitutional and granting the Plaintiff the requested remedies.
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Samuel Mwangi Kamami v Daniel Muchiri Mwangi & another [2016] KEELC 91 (KLR)
✦ The court declines to grant the orders sought and directs the applicant to take another hearing date for the application and effect service of the hearing notice upon the respondents.
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Samuel Ndirangu Njoroge & another – on behalf of Gathaite Farmers Cooperative Society Ltd v Richard Nganga Kamiro [2016] KEELC 106 (KLR)
✦ The plaintiffs' suit is time-barred and is therefore struck out.
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Hiteshkumar Hemrat Gosrani & another v Dismas Nyakundi Mageka & another [2016] KEELC 267 (KLR)
✦ The defendants' application is dismissed with costs to the plaintiffs
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Samuel Nyabiba Nyakeri v Peter Okiabera Omwenga [2016] KEELC 1009 (KLR)
✦ Stay of execution granted on condition that monthly rental income be deposited in a joint account
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Telposta Pension Scheme Registered Trustees v Intercountries Importers and Exporters Limited & 4 others [2016] KEELC 1267 (KLR)
✦ Telposta is the registered land owner of L.R. No. 209/13238
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Harithi Ali Abdulkadir (suing as the attorney of Ali Abdulhari Abdalla v Daniel T. Haller [2016] KEELC 588 (KLR)
✦ The application is dismissed with costs as the Plaintiff's request for rent arrears and eviction are the same as those sought in the Plaintiff's original claim, and the amount of rent due cannot be determined without full trial.
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Samson Kalume Charo & another v Land Registrar Kilifi & 2 others [2016] KEELC 585 (KLR)
✦ The court orders the 1st and 2nd Respondents to register the land subdivisions and issue title deeds in the name of the deceased or the Administrators of the Estate of the deceased.
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Geoffrey K Kamau & 2 others (Suing as the Chairman, Secretary, Treasurer & Members of Kwa Maji Self-Help Group) v Barfan Sumbule & 2 others [2016] KEELC 1299 (KLR)
✦ The application is dismissed with costs to the Defendants/Respondents.
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George Ombiro Obunga v Charles Ogutu Ochiri [2016] KEELC 882 (KLR)
✦ The court finds the notice of motion without merit and dismisses it with costs. The suit is struck out, allowing the Applicant to pursue his claim through the Succession Court.
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Eunice Gathoni Wang’ombe v Hellen Wacera [2016] KEELC 78 (KLR)
✦ The court dismissed the plaintiff's claims and did not order the defendant to transfer a portion of the suit property to the plaintiff.
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George Jumba v Margaret Wafula [2016] KEELC 1099 (KLR)
✦ The plaintiff's suit is hereby dismissed with no order as to costs.