Kenyan case law
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John Muthoka Mutua & others v Joyce W. Kombe & 3 others [2017] KEELC 1825 (KLR)
✦ The suit is struck out in so far as it relates to the 1st and 2nd defendants, and the Plaintiff shall bear the costs of the application.
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Abdalla Mohamed Abdisheikh v Kishan Construction Ltd [2017] KEELC 1702 (KLR)
✦ The Court allows the Plaintiff's application for a temporary injunction to prevent the Defendant from using the access road.
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Dakawou Transport Limited v Katana Kalume Nassoro & 8 others [2017] KEELC 1860 (KLR)
✦ The Plaintiff is entitled to a declaration of ownership and a mandatory injunction to remove the Defendants from the suit property.
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Cornella Nabangala Nabwana v Edward Vitalis Akuku & 2 others [2017] KEELC 1892 (KLR)
✦ The plaintiff's notice of termination was lawful and effectual. A claim for trespass by one joint tenant against another is untenable.
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Dickson Jomo Kebatta v Deposit Insurance Coorporation in Liquidation of Middle Africa Finance Ltd [2017] KEELC 1894 (KLR)
✦ The application is dismissed with costs to the Defendant.
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Leonard Riungu & another v District Commissioner Maara District & another [2017] KEELC 1782 (KLR)
✦ Application dismissed. The order of stay granted at the ex parte stage is vacated. Costs are awarded to the respondents and the interested party.
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Esther Muthoni v Kinyua Fredrick Mutegi & another [2017] KEELC 1696 (KLR)
✦ The application is dismissed. The interim orders issued on 2.8.2017 are vacated.
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Perpetua Wangui Irimu v Bernadetta Wambui Wanyoike & another [2017] KEELC 1920 (KLR)
✦ The Plaintiff is the beneficial owner of the land and the court grants the Plaintiff's prayers (b), (c), (e), and (g) of the plaint.
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Mtsonga Kabila Chiro & 4 others v Kamimi Company(1976) & 4 others [2017] KEELC 1937 (KLR)
✦ The application is dismissed. The parties are directed to maintain the status quo in strict compliance with the earlier orders.
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Martha Wambui Kinyua v Beatrice Wanjiru Kambo & another [2017] KEELC 1795 (KLR)
✦ The application to reissue summons and grant substituted service to the 1st Defendant is dismissed with costs to the Plaintiff.
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Al Mhala Swaleh & 4 others v Mohmamed M. Sheikh Ali & 12 others [2017] KEELC 1695 (KLR)
✦ The plaintiffs' application for a mandatory injunction is dismissed. The suit is consolidated with another case. The names of the deceased defendants are struck out. The plaintiffs are given 30 days to comply with the requirements of Order 1 Rule 8 of the Civil Procedure Rules.
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Pasquale Ceino v Alex Shuhuli Katana [2017] KEELC 1816 (KLR)
✦ The Plaintiff is allowed to collect rent from the tenants of the property, but the Defendant is restrained from interfering with the Plaintiff's collection of rental proceeds.
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Republic v Chief Land Registrar; Mburu & 3 others (Interested Parties); Chemmuttut (Ex parte) (Judicial Review Application 3 of 2016) [2017] KEELC 1881 (KLR) (19 September 2017) (Judgment)
✦ The Court finds in favor of the Republic, holding that the Chief Land Registrar's grant was lawful and the National Land Commission does not have the authority to revoke the grants.
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New Age Developers & Construction Co. Ltd v Jamii Bora Bank Limited [2017] KEELC 1706 (KLR)
✦ The Court finds the Plaintiff's claim regarding the authenticity of the Land Control Board Consent is not supported by the evidence and denies the Plaintiff's request for temporary injunction orders.
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Nancy Wanjiru Githua Njaaga v Margaret Njeri Mukirai [2017] KEELC 1717 (KLR)
✦ The court finds that the Plaintiff has discharged her obligations and deserves the order for specific performance of the sale agreement dated 25/11/2008.
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Major Kahugu Karebe v Rose Adhiambo Ogonda [2017] KEELC 1891 (KLR)
✦ The Court finds in favor of the Plaintiff, Major Kahugu Karebe, and orders the eviction of the Defendant, Councillor Rose Adhiambo Ogonda, from the Suit Property.
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Rehema Kazungu Baya v Tulip Development Limited [2017] KEELC 1136 (KLR)
✦ The Application is dismissed with costs to the Respondent due to the Plaintiff's material non-disclosure of facts.
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Mary Wangui Karanja & another v Rhoda Wairimu Karanja & another [2017] KEELC 1901 (KLR)
✦ The court does not find any reasonable apprehension of bias and therefore denies the application for recusal. The court's orders of 4th April 2017 closing the defendant's case are set aside.
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Jonathan Kiprotich Barsulai v John Kiprop Chemweno & 7 others [2017] KEELC 1513 (KLR)
✦ The court finds that the plaintiff has proved he entered into an agreement for sale of the land and has demonstrated he was denied the right to access and enjoy the land he had rightfully purchased.
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Lucy Wairimu Githuka & another v Chairman, Business Premises Rent Tribunal & another [2017] KEELC 1827 (KLR)
✦ The court grants the orders sought in the application dated 24th November 2016. The Interested Party will pay costs to the Applicant.
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John Okuna Ogango v Dolores N. Collins & another [2017] KEELC 1843 (KLR)
✦ The Plaintiff is entitled to liquidated damages of 10% of the purchase price and the 2nd Defendant is directed to transfer the property to the Plaintiff by way of a long lease and furnish the completion documents within 30 days of the judgment.
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Alice Mbesa Keesi & 2 others v Benjamin Mutua Keesi & 9 others [2017] KEELC 1807 (KLR)
✦ The entire claim in this suit is in respect of the suit properties forming part of the estate of the late Jonathan Keesi Ngunzi. The Plaintiffs and the Defendants are all claiming the suit properties as beneficiaries.
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John Njuguna Mugo v Estate of Gikonyo Thuu [2017] KEELC 1931 (KLR)
✦ The title of the deceased in the suit property has been extinguished by operation of law and the Plaintiff has acquired the property by adverse possession. The Plaintiff should be registered as the proprietor of the suit property.
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Safaris Unlimited (Africa) Ltd v Muchanga Investments Limited [2017] KEELC 1946 (KLR)
✦ The court upheld the ruling striking out the plaintiff's suit and affirmed the taxing officer's decision to reject the defendant's valuation claims.
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Ajale Enterprises Limited v Simon Gikonyo Ndirangu [2017] KEELC 1906 (KLR)
✦ First and second applications are allowed