Kenyan case law
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Margaret Walegwa Wamwandu & 157 others v Changamwe Housing Scheme Limited & another; Garissa Mattresses Limited (Aggrieved Party) [2020] KEELC 1813 (KLR)
✦ The application is dismissed with costs.
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Emily Chepngeno Ruto & 6 others v David Kiprono Koske [2020] KEELC 1854 (KLR)
✦ The application is allowed with no order as to costs.
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Salim Ali Said v Salwa Ali Said Abdulrehman & 3 others [2020] KEELC 1809 (KLR)
✦ Application for injunction dismissed
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Shadrack Korir v Felix Kipkemboi Simei & 2 others [2020] KEELC 1045 (KLR)
✦ The court orders the Nandi County Land Surveyor to demarcate the boundary between the two parcels of land and file a report within 30 days, with the County Commander providing security during the survey.
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Augustine Barasa Khisa Nawanje v Eunice Mugure Muchori (Sued as an Administratrix of the Estate of the Late John Muchori Baiya) (Environment & Land Case 3 of 2017) [2020] KEELC 1846 (KLR) (30 June 2020) (Ruling)
✦ The court grants the application and sets aside the order closing the defence case, allowing the defendant to prosecute her case when she is in better health. The defendant shall bear the costs of the application.
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Emily Jerubet v Barnaba Kibwambok Kogo & another [2020] KEELC 1036 (KLR)
✦ The court grants an injunction restraining the defendant from interfering with the suit land pending the hearing and determination of the case.
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Ann Wambui Muna v Elizabeth Wacheke & 3 others [2020] KEELC 1834 (KLR)
✦ The court finds that the plaintiff has not established on a balance of probabilities that the defendants entered the suit land on April 15, 2020 or that they tried to steal a march on the plaintiff. The court orders that the status quo be maintained until the hearing and determination of the suit.
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Menno Travel Services Limited v Menno Plaza Limited [2020] KEELC 1831 (KLR)
✦ The court found that there was no oral agreement for the purchase price of Kshs 123,000,000, and thus, the plaintiff's claim is dismissed.
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Mary Nduta Ngugi v Beatrice Ngelesa & another [2020] KEELC 1830 (KLR)
✦ The application for stay of execution is granted.
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Alima Abdi Mutai v Geoffrey Mutai [2020] KEELC 1829 (KLR)
✦ The court finds that the suit is not time barred and is not res judicata. The defendant is not in illegal occupation of the plaintiff's land.
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Esther M Matundu v Mwanga Kisyuka [2020] KEELC 1866 (KLR)
✦ The application is allowed
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Mwawasi Martin Mjomba v County Government of Taita Taveta, Taita/Taveta County Land Adjudication and Settlement Officer, Demarcation Officer of Ndara “A” Adjudication Section, Cabinet Secretary Ministry of Lands Housing & Physical Planning & Attorney General (Petition 10 of 2020) [2020] KEELC 1845 (KLR) (30 June 2020) (Ruling)
✦ Application for injunction dismissed. The road exists until it is held otherwise on appeal. The grading of the road has already been done, and there is nothing to injunct.
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Laban Kimeli Chemoiyai &2 others v Wanjiku Wa Kamau & another [2020] KEELC 1014 (KLR)
✦ The applicants' claims for adverse possession and trust are not proven, and the County Land Registrar cannot be ordered to subdivide the suit land.
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Eunice Mugure Muchori, Ibrahim Baiya Muchori & Jim B Muchori v Peter Macharia (Environment & Land Case 34 of 1998) [2020] KEELC 1827 (KLR) (30 June 2020) (Ruling)
✦ The court grants the application to reopen the matter for the defendant's hearing and orders the defense case to be heard on a specific date.
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Paul Ngigi Karanja v Allan Schemekher (Environment & Land Case 182 of 2017) [2020] KEELC 1858 (KLR) (30 June 2020) (Judgment)
✦ The Plaintiff is entitled to protection of the law under the provisions of section 24, 25, and 26 of the Land Registration Act. The Defendant encroached on the Plaintiff's land and interfered with the Plaintiff's use and occupation by developing and constructing structures thereon. The Defendant is ordered to demolish any building or structures constructed on the Plaintiff's LR. Title No. NGONG/NGONG/4530 without the Plaintiff's consent and/or knowledge, at his costs after 90 days from the date hereof.
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Reuben Cheruiyot Cheborge (suing as the Administrator of the Estate of Zakayo Maina v Peter Kipyegon Ngetich [2020] KEELC 1861 (KLR)
✦ The application is dismissed with costs.
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Patrick Lungalia (suing as the personal representative of the Estate of George Lungalia Shiveka) v Vincent Kilopo & another [2020] KEELC 1841 (KLR)
✦ The learned trial magistrate erred in law and facts by failing to analyze the facts and evidence presented
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Edward Obino Kenyariri v Makori Samarere; James Mogaka Makori, Henry Morara Makori, Vincent Mosongo Kenyariri, James Bichage Kenyariri & Christopher Orina Kenyariri (Interested Parties) (Environment & Land Case 36 of 2019) [2020] KEELC 1586 (KLR) (30 June 2020) (Ruling)
✦ The documents filed by the firm of Abobo & Company Advocates for the Plaintiff and B. Rogito Isaboke Advocates for the Defendant should be struck out.
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Mansukhalal Jesang Maru v Frank Wafula [2020] KEELC 1792 (KLR)
✦ The application is dismissed with costs to the plaintiff
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Leonora Auma Oingo v Clementina Amoding Wakasiaka [2020] KEELC 1863 (KLR)
✦ The defendant’s counter-claim is dismissed, and the defendant shall vacate the land parcel within 6 months from the date of the judgment.
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Elisheba Nasipwondi Wepukhulu & another v Benard Wasilwa Wepukhulu; Margaret Onyanchi Maloba & 2 others (Interested Parties) [2020] KEELC 1862 (KLR)
✦ The applicant's Notice of Motion is dismissed with costs.
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Abdikadir Mohammed Ali & another v Ali Digale & 9 others [2020] KEELC 1867 (KLR)
✦ The application for recusal is dismissed with costs to the Respondents, and the matter is placed before the ELC Presiding Judge at Milimani for allocation to another Judge.
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Abdikhaim Mohamed Osman v Coast Development Authority; Yusuf Omar Abdi & 7 others (Interested Parties) [2020] KEELC 1868 (KLR)
✦ The court found that the Respondent (CDA) did not meet the threshold for the Constitutional principle of right to public participation in identifying Galmagalla as an appropriate site for the construction of the water pan.
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Joseph Karanja Gatuthu & 2 others v Jotham Njami Mwariri & 3 others [2020] KEELC 1835 (KLR)
✦ The Court held that the 2nd, 3rd and 4th Defendants held the property in trust for the Plaintiffs and beneficiaries of the estate, and the purported transfer was fraudulent and in breach of trust.
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Moris Ngundo v Lucy Joan Nyaki & another [2020] KEELC 1887 (KLR)
✦ The application is allowed, and the Grounds of Opposition are without basis.