Kenyan case law

David Gachoki Njogu & 5 others v Sino Nydro Corporation Ltd & another [2021] KEELC 1239 (KLR)

✦ The Plaintiffs are not entitled to the interim injunction or mandatory injunction sought.

Republic v National Land Commission & 3 others Ex Parte Wazazi Farmers Company Limited; Karati Farm & 2 others (Interested Parties) [2021] KEELC 1875 (KLR)

✦ The ex parte applicant is not entitled to the reliefs sought, and the Notice of Motion is dismissed with costs.

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.

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

Cecilia Wamaitha Mwangi v Elizabthe Wambui Kamichar & 2 others [2021] KEELC 1773 (KLR)

✦ The Court finds that the trial court had no pecuniary jurisdiction and the appeal is merited.

Michael Achieng Deya-Okong’o & another v Joseph Obuge Ongota & another [2021] KEELC 1854 (KLR)

✦ The application lacks merit and should be dismissed with costs to the 1st Defendant/Respondent

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.

Ngugi Mbugua v Chairman, National Land Commission & 3 others [2021] KEELC 1811 (KLR)

✦ The Court finds that the Petitioner's right under Article 35 was violated by the 1st Respondent. The award of compensation is set aside, and a fresh valuation is ordered within 60 days.

Saipei Nareiyo Lemayian & another v Oloirien Group Ranch & 11 others [2021] KEELC 1866 (KLR)

✦ The suit is not res-judicata and is not sub-judice.

Margaret Wairimu Kuria (Suing as the Administrator of The Estate of the Late Virginia Wanjiku Muritu) v Philip Waweru Kuria [2021] KEELC 1692 (KLR)

✦ The court held that the appellant breached the sale agreement by failing to pay the balance of Kshs.10,000/=, and thus was not entitled to the orders sought in her counterclaim.

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.

Crossley Holdings Ltd v Cabinet Secretary, Ministry of Agriculture, Livestock & Fisheries & 4 others; Richard Ochieng Ogendo & another (Interested Parties) [2021] KEELC 1868 (KLR)

✦ The court has jurisdiction to hear and determine the petition.

Peninah Moraa Mose v Priscila Muthuri Kaburo & another [2021] KEELC 1876 (KLR)

✦ The court does not grant a wide-acting injunction but orders an inhibition against the suit property.

Moses Ndiwa Pello v Joyce Mbugua & 2 others [2021] KEELC 1745 (KLR)

✦ The court dismissed the suit with no orders as the plaintiff failed to prove his case on a balance of probabilities.

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.

Republic v Director of Surveys & 2 others Ex parte Equity Bank (Kenya) Limited; Solomon Weru Thea (Interested Party) [2021] KEELC 1800 (KLR)

✦ The Court finds it impossible to make a determination of the real questions in controversy due to non-joinder of a party and orders the joinder of the said party, Hannah Wangari, to be able to make a just determination.

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.

Samwel Kisang’ Cheboi & 2 others v Elisha Kipleting Murei & 7 others [2021] KEELC 1743 (KLR)

✦ This court has not found the suit to be res judicata and has addressed the issues raised.

Joseph Thuo Kagoro v James Maina Maami [2021] KEELC 1134 (KLR)

✦ The court finds merit in the Plaintiff's chamber summons and allows it.

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

✦ Application is dismissed with no order as to costs

Monica Muthoni Mwangi v Nzau Mwalumu Nzau & 4 others [2021] KEELC 1646 (KLR)

✦ The court allows the substitution of the deceased defendant's legal representatives and remands the suit for hearing.

Jackline Moraa Manoti & another v Alex Misati Manoti [2021] KEELC 1708 (KLR)

✦ The court allows the application and orders a temporary injunction restraining the Defendant from entering, encroaching into, cultivating or interfering with the suit properties.

Rabala & Co. Advocates v Tom Odago Opiyo & another [2021] KEELC 1798 (KLR)

✦ The court grants the application to allow the respondent to pay the taxed costs in equal monthly instalments of Kshs. 30,000 until full payment, with costs of the application to be borne by the respondent.

Nancy Bomet & 2 others v Jamaldin Yahya & 14 others; Denis Ooko Opiyo (Interested Party) [2021] KEELC 1810 (KLR)

✦ The application is allowed, and the applicant is granted leave to join the suit as an interested party.

Nyali Construction & Electrical Services Limited & 3 others v Barclays Bank of Kenya Limited & 2 others [2021] KEELC 1772 (KLR)

✦ The application is dismissed, but no orders as to costs are made.