Kenyan case law
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Ali Abdalla Sheikh Omar & another v Haji Shariff [2019] KEELC 1713 (KLR)
✦ The Preliminary Objection raised by the Defendant is merited and the Notice of Motion is dismissed with costs to the Defendant. The suit is also dismissed with costs to the Defendant.
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Jacob Owalo Ariaro & another v Philip Onyango Owich [2019] KEELC 954 (KLR)
✦ The plaintiffs' claim is dismissed as they failed to prove their case on a balance of probabilities.
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Elias Ndwiga Njoka v Land Registrar Kajiado & another; Wanachuo Investment Ltd (Interested Party) & another [2019] KEELC 1760 (KLR)
✦ The Judgment and Vesting Orders made on 21st November, 2014 are set aside and the matter is referred to the related suit (ELC No. 380 of 2017) for hearing.
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Pauline Njambi Kireru v Agnes Wakio Karani & another [2019] KEELC 1729 (KLR)
✦ The appeal is allowed with no orders as to costs on the ground that the Land Dispute Tribunal Act had been repealed and the tribunal had no jurisdiction to determine the dispute.
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Moses Owino Odongo v Albert Onyango [2019] KEELC 1291 (KLR)
✦ The court denied the application for an interlocutory injunction.
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Lawrence Gachau Kihu & 4 others v Mary Wangui Maina [2019] KEELC 1714 (KLR)
✦ The court granted the stay of execution and ordered the defendant to provide security for the decree.
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Mansukhlal Vershi Shah v Petro Oil (K) Oil [2019] KEELC 1730 (KLR)
✦ The Notice of Motion is without merit and dismissed with costs to the Defendant.
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Naftali Adugo Nyatindo v Joel Oyoko Okeno & 3 others [2019] KEELC 1477 (KLR)
✦ The application is allowed in terms of orders 1, 2, and 3 sought therein.
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Daniel Piranto Ole Nchani v Deputy County Commissioner Kajiado & 3 others Ex parte Daniel Piranto Ole Nchani [2019] KEELC 1668 (KLR)
✦ The court found that the restriction was justified under section 76 of the Land Registration Act and that Nchani is not entitled to the orders sought.
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David Kimani Kamau & another v Mary Muthoni & another [2019] KEELC 1739 (KLR)
✦ The Land Dispute Tribunal exceeded its jurisdiction by determining title in land.
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Nancy Wanjiku Karioki v John Maina Gachii [2019] KEELC 1786 (KLR)
✦ The agreement is null and void, and the defendant is ordered to refund the plaintiff Kshs.410,000 with interest.
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Daudi Dado Nyabola v George Wamalwa Abuya & 2 others [2019] KEELC 1828 (KLR)
✦ The Plaintiff's application for an interlocutory injunction is dismissed as the application is hopelessly defective and violates the provisions of Order 8 Rule 3 of the Civil Procedure Rules as well as section 5 of the Oaths and Statutory Declarations Act.
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Peter Karanja v Miriam Magdaline Kinyuru [2019] KEELC 1796 (KLR)
✦ The Court orders the eviction of the Defendant/Respondent from the suit property and grants the Plaintiff/Applicant costs.
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Norbert Makwara Opiyo v Chairman Esegero Roman Catholic Church & 2 others; Board of Management Esegero Primary School( Interested Party) [2019] KEELC 5090 (KLR)
✦ The court dismisses the Application to compel the removal of restrictions on the land parcel BUKHAYO/KISOKO/2694 and enjoins the Intended Interested Party, Esegero Primary School, from the suit.
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Benard Godwin Osinya (Suing as personal and legal rep. of Morice A. Osinya (Deceased) v Stanley Sikhindu Namachi [2019] KEELC 1825 (KLR)
✦ The issues raised in the two suits are different and each party is contesting the issues raised by the other. The Preliminary Objection is dismissed.
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Republic v Land Registry, Kiambu & 3 others Ex Parte Nelson Kimemia Gacheru [2019] KEELC 1787 (KLR)
✦ The court has jurisdiction to deal with the matter as it relates to land and disputes related to boundaries. The applicant is entitled to the orders of Mandamus.
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John Mwangi Kamau v David Mwaura Nduruhi [2019] KEELC 1795 (KLR)
✦ The court grants the application for leave to appeal and stays the execution of the ruling
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Lucas Ouma Marachi & 2 others v Land Registrar, Busia & 2 others [2019] KEELC 5082 (KLR)
✦ The court allows the application for a temporary injunction and orders the respondent to refrain from ploughing and threatening the applicants.
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Paul Ochwachi Ouma v Ohongo Ochaye Naluo (Administrator of the Estate of the Late Ochaye Odwoli) & 2 others [2019] KEELC 1824 (KLR)
✦ The Plaintiff’s claim lacks merit. He has not proved adverse possession. His claim must fail and is hereby dismissed with costs to the Defendants.
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Wilfred Opakasi Oyeke v Catholic Diocese of Bungoma & another [2019] KEELC 5074 (KLR)
✦ The application is unmeritorious and dismissed with costs to the Respondents.
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Michael Orinyo Alusi v National Bank of Kenya Limited [2019] KEELC 5076 (KLR)
✦ The court finds the Plaintiff's suit res judicata and dismisses it with costs
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Julius Henry Forne Wafula & 2 others v Washington Wafula & another [2019] KEELC 5086 (KLR)
✦ The application is unmeritorious and dismissed with costs to the Defendants.
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Dismas Oduori Namalwa v Josephine Makokha Nakhama & another [2019] KEELC 5077 (KLR)
✦ The suit against the Defendant has abated due to the Defendant's death, and the Plaintiff's failure to file a substitution application within one year of the Defendant's death.
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Hillary Kipchumba Chepkiyeng v Elizabeth Laboso [2019] KEELC 1788 (KLR)
✦ The plaintiff's suit is dismissed with costs as he failed to prove on a balance of probabilities that he is entitled to the prayers sought.
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Patrick Bwire Nyabola v Gabriel Peter Mbinda & another [2019] KEELC 5079 (KLR)
✦ Application dismissed as unmeritorious. Appeal not abated due to death of 1st Respondent. No order as to costs.