Kenyan case law

John Ndungu Mwangi (Suing as the Legal Representative of the Estate of Mwangi Macharia v Tarsiana Wambura Kabutu [2016] KEELC 630 (KLR)

✦ The defendant’s Notice of Motion dated 2nd September 2015 is well merited and allowed.

Stephen Cheruiyot Cherono v Kenneth Kiptum Kandie [2016] KEELC 679 (KLR)

✦ The suit is struck due to the plaintiff's lack of capacity to sue as he is declared bankrupt.

Teresa Chebichii Rutto v Talalei Kiptenai [2016] KEELC 803 (KLR)

✦ The court issues an order of stay of execution of the decree, cancelling the registration in respect of the resultant parcels of the suit property, and orders that 36 acres of land be released for utilization by the decree holder until the appeal is heard and determined.

Teresa Andawo Ogola & 3 others v George Onyango Obwanda [2016] KEELC 879 (KLR)

✦ The court ordered the Plaintiffs to be the registered proprietors of the land parcel East Gem/Uranga/142 and that the land should be subdivided equally between the Plaintiffs and the Defendant.

Teresa Chebichii Ruto v Talalei Kiptenai [2016] KEELC 782 (KLR)

✦ The court allows the applicant's application, finding that the accident was an excusable mistake and there was no prejudice to the respondent.

Nicholas Ochoki & 6 others (Members of the Kisii Farmers Co-operative Society and appointed representative of the 25 Societies) v Kisii Farmers Co-operative Union Ltd [2016] KEELC 361 (KLR)

✦ The Notice of Motion is struck out as it is not anchored on a valid suit and is incompetent and unsustainable.

Tom Jillyanus Akun v Betheseba Mora & 4 others [2016] KEELC 700 (KLR)

✦ The application is dismissed. The Plaintiff will bear his own costs in the application in any event.

Newton Wanjala & 12 others v Joseph Ziro Musioma & 4 others [2016] KEELC 1238 (KLR)

✦ The Application is dismissed with costs to the Plaintiffs.

Narendrakumar Karsan Sanghani v Kenya National Highways Authority & 2 others [2016] KEELC 689 (KLR)

✦ The court allows the motion for an injunction, restraining the defendant from entering or occupying the property and demolishing the boundary wall.

Titus Kuto Kipungar v Selina Tamining & 3 others [2016] KEELC 342 (KLR)

✦ The defendants did not invade the suitland in 2010.

Tabitha Mordekai Mwita v Joseph Wambura John [2016] KEELC 936 (KLR)

✦ The defendant is a trespasser on the suit property and the plaintiff is entitled to an order of eviction.

James Okech Otieno v Juliana Olang'o Ndonga [2016] KEELC 753 (KLR)

✦ The court dismissed the notice of motion dated 30.11.2015 as without merit and ordered the interim orders issued on 2nd December 2015 to be vacated.

Timothy Ingosi And 87 Others v Kenya Forestry Services & 2 others [2016] KEELC 1181 (KLR)

✦ The suit is dismissed, and the counterclaim by the 1st defendant is allowed. The plaintiffs are declared to have no right to the land parcel 7561/R, which is forest land.

Shadrack Tabot v Emily Jerono Tabot & 3 others [2016] KEELC 26 (KLR)

✦ The 2nd Defendant is found to be in contempt of court and is imprisoned for 30 days with an option to pay a fine of Ksh 10,000.

Hafiza Joginder Dhanjal & another v Said Ahmed Suleiman & another [2016] KEELC 119 (KLR)

✦ The suit and application are struck out as they are time barred and the plaintiffs' claim is not based on a valid contract.

Timotheo Kutete Chetambe v Wycliffe Wakoli Simiyu & another [2016] KEELC 637 (KLR)

✦ The applicant's application for an injunction was dismissed with costs to the respondent, and the parties are ordered to proceed to full hearing to resolve the ownership dispute.

Thomas Ongeri Geni, Evans Boera Mwabora & Alfred Nyambegea Ombusuro v Denish Otieno Oyugi & Land Registrar, Rachuonyo District [2016] KEELC 241 (KLR)

✦ The appeal against the 1st respondent has abated due to the death of the respondent one year after the death, and the chamber summons application is therefore superfluous.

Thomas Agure Arap Ndonee v Kipserem Arap Kemboi & 3 others [2016] KEELC 683 (KLR)

✦ The court finds that the plaintiff's claim based on adverse possession is not established as he has not been in possession of the suit parcel after the registration of the 1st Defendant. The claim based on customary trust is not supported by the pleadings.

Thomas Omboto Omboto v Erick Maiko Omworo & 4 Others [2016] KEELC 344 (KLR)

✦ The court declines the plaintiff's application for a temporary injunction and orders the parties to maintain the status quo.

Mwangi Odhiambo Dancun v Xfor Security Solutions Kenya Ltd [2016] eKLR

Francis Ontita Gichana v Mariita Kebati & 2 others [2016] KEELC 949 (KLR)

✦ The court found in favor of the plaintiff, Francis Ontita Gichana, and ordered the defendants to vacate the land and hand it over to the plaintiff within 60 days.

Stephen Kibobi Njuguna v Morris Kadzagamba & 5 others [2016] KEELC 459 (KLR)

✦ The court finds that the Defendants' claim of adverse possession is not valid due to lack of evidence regarding their entry on the land and the circumstances under which they entered the land.

Petero Kipngetich Arusei v Vincent Kipkurui Tuwei [2016] KEELC 1008 (KLR)

✦ The court finds that the defendant has been in possession of 10 acres of the suit land for more than 14 years, creating an implied trust in favor of the defendant. The 10 acres are excised and registered in the defendant's name.

George Kitiyo Kamary v Stephen Lowasikou Mwoi [2016] KEELC 262 (KLR)

✦ The court finds that the agreement is null and void due to lack of consent from the Land Control Board and failure to clear the balance of the agreed consideration. The defendant is declared a trespasser and ordered to vacate the plaintiff's land.

Tropicana Hotels Limited v Fidelity Commercial Bank Ltd [2016] KEELC 932 (KLR)

✦ The court dismisses the Plaintiff's Application for an injunction and the Defendant's Motion for stay, discharge, set aside, vacate and review the order and ruling issued by Justice S. Chitembwe.