Kenyan case law
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Joseph Musumba v Bertha Nait Wandera [2020] KEELC 1895 (KLR)
✦ The application is struck out as premature. The court has jurisdiction to determine the shares of the two sons of Musumba Oniala - deceased through the succession process. The plaintiff is advised to apply for inhibition and or stay of execution orders if he is unhappy with the distribution in the succession case.
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James Gachiri Mwangi v John Waweru Muriuki & 3 others [2020] KEELC 1876 (KLR)
✦ The defendants were not in contempt of the court orders prior to April 17, 2020, and the photographs submitted by the plaintiff were insufficient to prove the activities on the land.
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Republic v County Land Registrar, Busia County & Phanice Ngaira (Interested Parties); Ex-parte Magret Akoth Omondi [2020] KEELC 1944 (KLR)
✦ The court finds the Land Registrar's action to be in violation of the Fair Administrative Actions Act and Land Registration Act, and grants the applicant's application for certiorari, prohibition, and mandamus.
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Elwak Water Supply Association & another v County Government of Mandera & another [2020] KEELC 1882 (KLR)
✦ The court found that the learned magistrate erred in law and fact in various aspects of the case.
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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.
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Benson Wandera Okuku v Israel Were Wakho [2020] KEELC 1812 (KLR)
✦ The plaintiff's case is not proved to the standard set by law and is dismissed with costs
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Paul Kwoba Wasike & another (suing on behalf of the Estate of Moses Wasike Kwoba) v Basil Chamadari Papa [2020] KEELC 1894 (KLR)
✦ The Applicants are entitled to a portion of the land measuring 1.17ha by the method of adverse possession.
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Likizo Limited v Nasib Kashuru Mumbo, National Land Commission, Chief Registrar County Land Registrar Kilifi & Attorney General (Petition 19 of 2017) [2020] KEELC 1890 (KLR) (25 June 2020) (Judgment)
✦ Petition dismissed with costs
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Ngahu Wa Muchiiri v Joseph Kabui Kiragu & another [2020] KEELC 3974 (KLR)
✦ The court declares that the registration of title No. Nairobi Block 117/506 in the name of the 1st Defendant was unprocedural and therefore null and void ab initio. The title is hereby cancelled and a title shall be re-issued in the name of the Plaintiff.
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Vue Taure Vue & Tsori Chiwai Sudi v Felix Tsori Chivatsi & Dancan James Waita (Environment & Land Case 184 of 2013) [2020] KEELC 1871 (KLR) (25 June 2020) (Ruling)
✦ The application is allowed, and the suit is reinstated with 90 days for amendments and hearing. The applicant is granted leave to substitute the deceased's legal representative.
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Mohamed Kai Gari v Joyce Chakwe Deche [2020] KEELC 1886 (KLR)
✦ The Court allowed the Plaintiff's application to amend his Plaint.
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Joseph Mwangi Kangethe (substituted as the legal representative of Lucy Njeri Nganga (Deceased) [2020] KEELC 1852 (KLR)
✦ The Plaintiff's claim of adverse possession is not supported by the evidence and the law.
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Keibukwo Investments Ltd v Daniel Kimutai Chuma (Environment & Land Case 15 of 2019) [2020] KEELC 1888 (KLR) (25 June 2020) (Ruling)
✦ The Court grants an interlocutory injunction pending the hearing and determination of the Appeal.
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Benjamin Kimeli Tanui v Omari Salim Nasib & another [2020] KEELC 1874 (KLR)
✦ The Appellants' Notice of Motion is dismissed, and the Respondent's Notice of Motion seeking eviction of tenants is also dismissed. The Respondent must comply with Section 152 E of the Land Act to evict the Appellants.
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Sheri Nauria v Stephen Ekirapa [2020] KEELC 1814 (KLR)
✦ The application for consolidation is dismissed as it is not in the interests of justice and would prejudice the respondent.
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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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Lucy Mumbi Ndungu (Suing as the legal representative of the estate of Peter Kariuki Wambugu) v Daniel Mwangi Warugendu [2020] KEELC 1850 (KLR)
✦ The Court held that the Plaintiff failed to prove her case and that the Defendant's title deed to Nyandarua/ Lesirko/2637 was not illegally obtained.
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Mary Nyokabi Murira v Zachary Gichiri Kariuki [2020] KEELC 1943 (KLR)
✦ The Plaintiff's claim is not merited and cannot be granted.
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Mbura Washe Lewa v Mukambe Kiti & another [2020] KEELC 1889 (KLR)
✦ The Plaintiff is entitled to the exclusive and unimpeded right of possession and occupation of the suit property, and the Defendants are ordered to exhume the remains of Sebastian Kai Mwanguza within 30 days from the judgment date.
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Peter Wanjohi (Official Liquidador - Drumvale FCS Ltd) v Pius Musimba Muasya & 2 others [2020] KEELC 1916 (KLR)
✦ The application for stay of execution is dismissed as no positive order capable of execution was made in the judgment rendered on 19/9/2018.
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Karisa Kahindi Karisa & Family And 6 others v Mwalimu Hamisi Mwahadzi & 2 others [2020] KEELC 1853 (KLR)
✦ The suit is struck out with costs against the 2nd and 3rd Defendants, and the suit shall proceed against the 1st Plaintiff and the 1st Defendant.
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Republic v Danson Kioko Kivuva & another Ex-Parte Benjamin Maweu Ndivo & 7 others [2020] KEELC 1912 (KLR)
✦ The application has no merit and must be dismissed with costs.
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Paul Kivisu Lusala v Robai Kavai Ambani [2020] KEELC 1921 (KLR)
✦ The court declared the plaintiff/applicant as the owner of land parcel No. Kakamega/Viyalo/300 and ordered the defendant/respondent to transfer the land to the plaintiff/applicant within 90 days.
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Ali Masayi Kweyu v Nathan M. Wanzabasi & another [2020] KEELC 1906 (KLR)
✦ The plaintiff's claim for adverse possession is dismissed as he failed to establish his case on a balance of probabilities.
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Jesugut Tamining Kiprotich v Anthony Kipketer Rotich [2020] KEELC 1027 (KLR)
✦ The court granted a temporary injunction to prevent the defendant from constructing on the land and ordered costs for the application.