Kenyan case law
-
Raphael Mkare & 515 others v Agricultural Dev. Corporation [2015] KEELC 200 (KLR)
✦ The Application is dismissed with costs, as the Plaintiffs' proposed amendment is prejudicial to the Defendant's case and is not timely.
-
Peter Ambrose Ng’ang’a v Gladys Nyamuhu Ndegwa & 2 others [2015] KEELC 832 (KLR)
✦ The Court enjoins Geofrey Kamau Mbugua as a 3rd Defendant in this suit.
-
Chevron Kenya Limited v Harrison Charo Shutu [2015] KEELC 194 (KLR)
✦ The court found in favor of the Defendant, Harrison Charo Shutu, on the issue of adverse possession, ruling that the Defendant had been living on the land since 1994 and thus acquired the property through adverse possession.
-
Rael Mbithe Mwangangi v James Mutua Musembi [2015] KEELC 826 (KLR)
✦ The Plaintiff and Defendant were spouses from 1985 to 13 December 2010. The Plaintiff is entitled to an equitable share of the matrimonial properties and household goods.
-
Malindi Holdings & Estate Agents Ltd v Commissioner of Lands & 5 others [2015] KEELC 199 (KLR)
✦ The Court allows the Application and enters Judgment in respect to the Certificate of Taxation.
-
Alice Njeri Kanyonyi v Paul Njenga Remmy (Suing On Behalf Of The Estate Of Tereziah John Njenga (Deceased) & another [2015] KEELC 110 (KLR)
✦ The Court declines to find in favor of either party and enters an order of inhibition against title to the suit property pending the adjudication of the dispute in the Family Division of the High Court.
-
Catherine Cherono Kapkomoi v Raeli Tigirei [2015] KEELC 127 (KLR)
✦ The application for injunction is granted, and the defendant is ordered to stay away from the suit property until the final determination of the suit.
-
M’Mucheke M’Mubwika & 3 othes v Janet Kaunanku Kithis & another [2015] KEELC 833 (KLR)
✦ The application is dismissed
-
Republic v Town Clerk Municipal Council of Mombasa [2015] KEELC 192 (KLR)
✦ The Municipal Council is ordered to supply the requested documents within 60 days, or the case will proceed without them.
-
Joseph Nkuyata Ole Mereru v Nakuatuni Enole Mereru [2015] KEELC 102 (KLR)
✦ The defendant is barred from selling, charging, or dealing with the land pending the suit.
-
E.K Wachira & Sons K Ltd v Kagondu & Mukunya Advocates [2015] KEELC 130 (KLR)
✦ The application is dismissed with costs to the respondent due to the inordinate delay and lack of merit.
-
Jipe Multipurpose Co-Operative Society v Elijah Ole Saronge & 59 Others [2015] KEELC 190 (KLR)
✦ The application is granted, the judgment is set aside, and the Applicants are given leave to defend the suit.
-
Alice Jeptanui v Sammy Atugah Ayoro [2015] KEELC 59 (KLR)
✦ The court finds in favor of the plaintiff, Alice Jeptanui, and orders a declaration that the land parcel belongs to the plaintiff, cancellation of the title deed issued to the defendant, and registration of the parcel in the plaintiff's name.
-
John Macharia Kariuki v Benard Muriithi Ndirangu [2015] KEELC 173 (KLR)
✦ The Environment and Land Court has the power to transfer a suit from a court without jurisdiction to itself for hearing and determination.
-
Njoroge Kagwi v Chepkwony Arap Rono & another [2015] KEELC 118 (KLR)
✦ The exchange agreement is null and void due to lack of Land Control Board consent. The plaintiff's registration of the land is fraudulent and the court declares it void. The defendant is entitled to reclaim the land.
-
Laly Furnishing House Limited v Kenya National Highway Authority, China Road and Bridge Corporation, Ministry of Transport and , Infrastructure & Attorney General (Environment & Land Case 114 of 2014) [2015] KEELC 105 (KLR) (Environment and Land) (7 October 2015) (Judgment)
✦ The Court cannot determine the Petitioner's ownership of the suit property as it is subject to a pending suit. The Court cannot make a declaration of ownership or award damages until the pending suit is resolved.
-
Paulina Chemarich v Jonah B. Kimurto & 2 others [2015] KEELC 70 (KLR)
✦ The court finds that Paulina Chemarich is the registered absolute owner of the land and enters an order of permanent injunction against the defendants.
-
Kiprono Cheruiyot & 4 others v George K Morogo & 7 others [2015] KEELC 114 (KLR)
✦ Application for injunction allowed
-
Edwin Kibii Kiptui v Charles Kipchumba Kiptui [2015] KEELC 62 (KLR)
✦ The court finds that the plaintiff is the registered absolute owner of the land and issues an order of eviction.
-
Republic & another v Chief Land Registrar & 2 others [2015] KEELC 181 (KLR)
✦ The Court held that the Chief Land Registrar does not have the power to expunge records and rectify the land registration in the absence of fraud, as such actions are not within the scope of the Registered Land Act, Cap 300.
-
Andrew Wairagu Kiboi v Annah Wanjiku Kiboi [2015] KEELC 170 (KLR)
✦ The court dismissed the defendant's application to strike out the plaintiff's suit, finding that the plaintiff has a valid claim to terminate the trust and obtain land from his mother.
-
Abraham Kiptanui Kipkech v Ben Changwony Kiprop [2015] KEELC 58 (KLR)
✦ The defendant is ordered to be evicted from the suit land after a 30-day notice and a permanent injunction is granted to prevent the defendant from entering, cultivating, or interfering with the plaintiff's land.
-
Michael Mwongela Musomba v Magdalene Ndinda Raphael & 5 others [2015] KEELC 150 (KLR)
✦ The criminal court is not in a position to determine the issue of ownership of the suit property, and the Applicant will be prejudiced if the criminal case is not stayed
-
Richard Kipkemboi Kutto v Nicodemus Koech [2015] KEELC 28 (KLR)
✦ The court finds in favor of the plaintiff, dismissing the defendant's preliminary objection and ordering eviction and injunction.
-
Rofina Keter v Haron kimosong Meli & 3 others [2015] KEELC 66 (KLR)
✦ The court finds that Rofina Keter is the registered absolute owner of the suit property and entitled to all rights and privileges appurtenant to the parcel of land. The structures erected by the defendants be demolished and the defendants be evicted from the suit parcel after an expiry of 30 days from the date of the judgment. In the alternative, the defendants be at liberty to vacate the suit parcel within 30 days from the date of the judgment.