Kenyan case law
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Joyce Wamuhu & 2 others v The Commissioner Of Lands & another [2013] KEELC 141 (KLR)
✦ The application to dismiss the suit against the 2nd Defendant for want of prosecution is granted.
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Lucas Ogola Oimba v Rose Aoko & another [2013] KEELC 133 (KLR)
✦ The Appellant’s application must fail as the court lacks sufficient material to exercise its discretion under Order 42 rule 6 (6) of the Civil Procedure Rules.
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Ramji Meghji Gudka Limited v The Town Clerk, Municipal Council Of Kisii & another [2013] KEELC 132 (KLR)
✦ The court grants the plaintiff's application for an interim injunction to restrain the defendants from interfering with the suit properties. The court reserves its final orders on the matter due to the defendants' entity ceasing to exist.
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Board Of Trustees Deliverence Church v Musa Torotich Chepkurui [2013] KEELC 65 (KLR)
✦ The plaintiff is allowed to remain in use and occupation of the suit land pending the hearing of the suit, but must make an undertaking in damages to the defendant.
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CMN v AWM (Environment and Land Case 208 of 2012) [2013] KEELC 114 (KLR) (10 May 2013) (Judgment)
✦ The suit is dismissed and the counter-claim allowed, with each party bearing their own costs.
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Johnstone Amulioto Ayub v Peter Mwangi Njuguna [2013] KEELC 135 (KLR)
✦ Summary judgment granted in favor of the plaintiff.
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Joseph Kibowen Chemjor v William C Kisera [2013] KEELC 140 (KLR)
✦ Preliminary objection upheld
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Nyangw’ra v Njuguna & another (Environment and Land Case 609 (B) of 2012) [2013] KEELC 161 (KLR) (21 February 2013) (Judgment)
✦ The title of the 1st defendant (Njuguna) is cancelled, and the plaintiff (Nyangw’ra) is restored as the registered proprietor of the land.
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James Ngara Mukiri& another v Josephine Wangari Mukiri [2013] KEELC 152 (KLR)
✦ The endorsement by the Deputy Registrar was not an entry of interlocutory judgment in favor of the plaintiff.
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Salim Soud Ali Bin Salim v Mjad Investments Limited & 4 others [2013] KEELC 55 (KLR)
✦ A permanent injunction is granted restraining the 1st defendant from disposing of the properties until the final determination of the suit.
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Zia Mgunya Chilomo v Ziro Kai Mwasambu & 3 others [2013] KEELC 49 (KLR)
✦ The court dismisses the Preliminary Objection with costs.
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Sally Namsinda Mungatana v Goeffrey Tenai T/A Igate Investment & 2 others [2013] KEELC 69 (KLR)
✦ The Plaintiff's application for a temporary injunction is allowed.
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Teshome Bantidagn Feleke v Regnol Oil (K) Limited [2013] KEELC 3 (KLR)
✦ The court strikes out the Defendant's Statement of Defence and Counterclaim and enters judgment in favor of the Plaintiff.
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Samwel Ndura Kanyara v Mary Njambi Kariuki & another [2013] KEELC 144 (KLR)
✦ The suit is struck out with costs as the plaint is muddled and unintelligible.
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Habib Abu Mohamed v Stephen Oluoch [2013] KEELC 35 (KLR)
✦ The Plaintiff's Application for a temporary injunction is allowed.
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Sarah Chelagat Samoei v Musa Kipkering Kosgei & another [2013] KEELC 103 (KLR)
✦ The application is dismissed with costs to the respondents.
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Tabitha Waitherero Kimani v Joshua Ng'ang'a [2013] KEELC 77 (KLR)
✦ The application for injunction is allowed, and the defendant is ordered not to evict the plaintiff from the claimed portion of the suit land until the suit is heard and determined.
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Francis Kisera Chelelgo & another v Barnabas Kipnge'tuny Tiemoi [2013] KEELC 100 (KLR)
✦ The plaintiffs are the registered proprietors of the suit land and are entitled to all proprietary rights. The defendant is ordered to vacate the land within 30 days and a permanent injunction is issued to restrain the defendant from entering or developing the land.
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Thomas Agure Arap Ndose v Kipserem Arap Kemboi & 3 Others [2013] KEELC 75 (KLR)
✦ The application is allowed and the law firm of M/s Amolo Sagasi & Company Advocates has ceased acting for the defendants.
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Fatuma Said Salim v Charo Riirii [2013] KEELC 33 (KLR)
✦ The Plaintiff's claim is allowed as she has proved her case on a balance of probabilities.
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Fauzia Tariq Zubedi v Athman Hassan Awadh & 3 others [2013] KEELC 40 (KLR)
✦ The Tribunal's decision is null and void due to lack of jurisdiction and non-service of the Petitioner.
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UMBISA MOSES GWEHONA v SEVENTH DAY ADVENTIST CHURCH OF EAST AFRICA UNION (SUED ON BEHALF OF KAHAWA WEST SDA CHURCH [2013] KEELC 159 (KLR)
✦ The application is granted, the orders of dismissal are set aside, and the suit is reinstated for hearing.
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Hadija Bilali Sali v Hamisi Jumba Bilali & 3 others [2013] KEELC 82 (KLR)
✦ The court allows the Plaintiff's Application for an injunction restraining the Defendants from carrying out any construction or development on the suit property pending the hearing and determination of the case.
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Kenga Kashuru v Solomon Magana Kamiti [2013] KEELC 106 (KLR)
✦ The Appellant's appeal is dismissed with costs to the Respondent.
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Fatuma Mkoba Furuma v Sseyyeda Fahmeeda Begum & another [2013] KEELC 34 (KLR)
✦ The Plaintiff has proved her case on a balance of probabilities, and the Plaintiff's claim for the suit property is allowed.