Kenyan case law

James Kembi Gitura v National Land Commission, Kenya National Highways Authority & Attorney General (? 39 of 2019) [2021] KEELC 1825 (KLR) (Environment and Land) (30 September 2021) (Ruling)

✦ The court found the petition not pleaded with reasonable precision and dismissed it.

Samuel Njehia Gitau v Joyce Wanjiku [2021] KEELC 1787 (KLR)

✦ The Defendant/Applicant's application for a stay of execution pending appeal is dismissed.

Rachel Okumu & another v Esther Kahayi Mujumba (Sued as an Administrator of the Estate of Marco Mujumba Busolo) [2021] KEELC 1738 (KLR)

✦ The court finds that the registration of the defendant as sole proprietor was procured by fraud and orders the registration to be cancelled, with two equal titles issued to the plaintiffs and the defendant.

Martin Muthii Kangara v John Njaria Mutunga & another [2021] KEELC 1830 (KLR)

✦ The court declined to grant the plaintiff the injunctive orders he sought against the defendants, instead ordering that the status quo relating to Title Number Nairobi Block 136/1994 shall be maintained for a period of twelve (12) months.

Miriam Jebor Komen v Miriam Jebor Komen & another [2021] KEELC 1829 (KLR)

✦ The court grants a temporary injunction restraining the defendants from interfering with the suit property pending the hearing and determination of the suit.

Mohammed Issa & 2 others v Nairobi City County & another [2021] KEELC 1726 (KLR)

✦ Application is dismissed with no order as to costs

Chrisantus Ayieko Sideng & 4 others v Kenya Airports Authority & 2 others [2021] KEELC 1904 (KLR)

✦ The application for injunction is dismissed.

Dayana Khasoya Amutavi (suing as the legal representative of the estate of the late Peter Amutavi) v Daneva Company Limited [2021] KEELC 1725 (KLR)

✦ The tenancy between the plaintiff and the defendant was lawfully and validly determined in accordance with the judgment of the Tribunal dated 19th June 2009. The plaintiff's suit is dismissed.

Kiprotich Korir & another v Shiyotor Holdings Limited [2021] KEELC 1801 (KLR)

✦ The application is dismissed with costs.

Benard Gachie Kamau v Livingstone Wanyoike Kinyanjui & 16 others [2021] KEELC 1779 (KLR)

✦ The Appellant’s Appeal is not merited and is dismissed entirely.

John Muniu Mwangi v John Njeru Kamweta [2021] KEELC 1736 (KLR)

✦ The court grants leave to appeal out of time and grants a conditional stay of execution of the decree.

Kandara Investment Limited v Richard Kiptalam Biengo [2021] KEELC 1777 (KLR)

✦ The court finds that the Respondent's title to the land is proper and the Appellant failed to prove the root of its title.

Joseph Muturi Kurutu v Joseph Muturi Kurutu & Joseph Ndirangu t/a Ndirangu Store (? 239 of 2018) [2021] KEELC 1781 (KLR) (30 September 2021) (Judgment)

✦ The Court found that the Plaintiff is not the rightful owner of the land parcel Thika Municipality Block 6/1088 and dismissed the Plaintiff's claim.

Nabakhwana Farmers Cooperative Society Ltd v Lois Holdings Limited & another [2021] KEELC 1722 (KLR)

✦ The ex-parte injunction is set aside due to the lack of proper service of the application for injunction.

Magdalene Wambui MbuguaMuhia & 2 others v Charles King Kigwe & 3 others [2021] KEELC 1783 (KLR)

✦ The application is dismissed with costs, as the applicants have not met the threshold to warrant the court to exercise its discretion in their favor.

Apec Holdings Limited v Kenya Railways Corporation [2021] KEELC 1728 (KLR)

✦ The court denied the application for an interim injunction, finding that the plaintiff's title was not regularly issued and that the defendant's denial of trespass was supported by evidence.

John Maina (Suing for and on behalf of the Estate of Maina Thuo-Deceased) v Samuel Kioi Thuo [2021] KEELC 1718 (KLR)

✦ The previous judgment is set aside and the suit is to be heard de novo.

Asili Housing Cooperative Society Ltd v District Land Registrar, Kajiado South and Central (Environment and Land Miscellaneous Application 2 of 2020) [2021] KEELC 1788 (KLR) (30 September 2021) (Judgment)

Benedict Onyancha v Benjamin Kakuti Kisilu & another [2021] KEELC 1228 (KLR)

✦ The court dismissed the application for temporary injunction and ordered the status quo maintained.

Anthony Masibo Diffu & another (Suing as the Administrators of the Estate of Charles Naule Diffu (Deceased) v Mildred Awino Were & 5 others [2021] KEELC 1818 (KLR)

✦ The court upholds the costs order and denies the application for review.

Joseph Osiemo Nyamweno v George Nganga Gikanga & another [2021] KEELC 1823 (KLR)

✦ The Court finds that the Plaintiff is entitled to the orders sought in his Plaint.

Izera Enterprises Ltd v Image Font Ltd [2021] KEELC 1694 (KLR)

✦ There is a cause of action in the Plaintiff/Applicant's application and suit against the Defendant

Charles Wakhu Otokoma v Joyce Malala & 6 others [2021] KEELC 1683 (KLR)

✦ The plaintiff's suit is dismissed, and the land parcel is held in trust for the plaintiff, his mother, and other family members.

Ahmed Bashir Abdi & Abdinoor Ahmed Magan v County Government of Wajir & 2 others; Abdi Ali Bashir & 3 others (Interested Parties) [2021] KEELC 1397 (KLR)

Charles Wahome Kiboi v Kenya National Highway Authority & another [2021] KEELC 1806 (KLR)

✦ The Court finds the Plaintiff has established a prima facie case and allows the interim injunction.