Kenyan case law
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Tropical Treasures Limited v Krystalline Salt Works Limited & 3 others [2016] KEELC 607 (KLR)
✦ The application to strike out the plaintiff's pleadings is dismissed with costs awarded to the plaintiff.
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Vincent Mugambi Ikaiga v Esther Njoki Kimathi [2016] KEELC 766 (KLR)
✦ The Consent Judgment is adopted, and the Defendant is ordered to refund the Plaintiff Kshs. 400,000 by 31st August, 2016. An inhibition is placed over land parcel Abogeta/L-Chure/1675 as security for payment.
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Vincent A. Chokaa & another v Chengdu Guangling Kenya Co.Ltd & 3 others [2016] KEELC 195 (KLR)
✦ The Plaintiffs' application for injunction is dismissed as the Defendants have formed an association to manage the property and the Plaintiffs have not shown evidence of interference and unaccountability.
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Vanishing Africa Ltd v Shella Welfare Group & 14 others [2016] KEELC 715 (KLR)
✦ The court finds the Plaintiff's application unmeritorious and dismisses it with costs.
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Gladys Njeri Kirugumi v Langata Development Co.Ltd & another [2016] KEELC 1297 (KLR)
✦ The court allows the application to reinstate the suit and sets a hearing date within 6 months, but the plaintiff is ordered to pay costs and a Kshs. 30,000 getting up cost to the defendants.
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Vincent Mwango & 2 others v Albert Maonga & another [2016] KEELC 401 (KLR)
✦ The court grants a temporary order of injunction allowing prayers 3 and 4 of the plaintiffs' application.
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Saiqua Sultana Hassan Haroon & 2 others v Abdul Malik [2016] KEELC 159 (KLR)
✦ The plaintiffs have not met the threshold for adverse possession claim and the suit is dismissed.
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Rose Chepkoech Rotich v Elias Kiplagat Busienei [2016] KEELC 1165 (KLR)
✦ The suit is dismissed with costs.
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Samuel Kipngeno Letting v Ezekiel Tonui [2016] KEELC 467 (KLR)
✦ The plaintiff's claim is dismissed as he failed to prove that the defendant's title was acquired fraudulently.
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Wamuhuri Kagecha v Sophia Wairimu Gachau [2016] KEELC 496 (KLR)
✦ The Defendant is not a trespasser on Plot No. 319 and the Plaintiff's claim fails
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Walter Kipchirchir Koech v Tapnyobii Melil [2016] KEELC 1037 (KLR)
✦ Plaintiff is properly entitled to ownership and occupation of Kericho/Chemagel/1786. Defendant is permanently restrained from the land parcel. Plaintiff is declared the proper owner.
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Fredrick Omollo Ochang (Suing as legal representative and administrator of the Estate of Patrick Onyango Ochang) v Mary Auma Kasera & 3 others [2016] KEELC 408 (KLR)
✦ The court ordered the statement of defence filed by the 1st Defendant to be struck out.
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Vros Produce Limited & another v Chief Land Registrar & 525 others [2016] KEELC 787 (KLR)
✦ The court dismissed the application and ordered the acting Chief Land Registrar to pay a fine and costs.
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Simon Ng’ang’a Njoroge v Daniel Kinyua Mwangi [2016] KEELC 318 (KLR)
✦ The court orders the Land Registrar to dispense with the production of the original title deed before proceeding to register the plaintiff as the proprietor. A new certificate showing the plaintiff as the proprietor will be issued, and the register will reflect the cancellation of the defendant's title and the plaintiff's declaration as the proprietor.
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William Kahindi Nyundo v Kenga Chengo Kasisi [2016] KEELC 978 (KLR)
✦ The Plaintiff's claim is dismissed with costs.
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Fresco Bushlands (K) Limited v Warsame Mohamed Issak & 4 others [2016] KEELC 544 (KLR)
✦ The Application for an injunction is allowed as the parties have clearly marked GPS coordinates and there is no dispute that both the Plaintiff and Vital Bioenergy have leased land from the 5th Defendant.
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Fredrick Juma Osuru v Ward Administrator Nyalenda “B” Ward & 2 others [2016] KEELC 955 (KLR)
✦ The application is dismissed with costs.
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Young Traders (Tigoni) Limited v Julius Njoroge Kamau & Daniel Kimani Chege [2016] KEELC 1147 (KLR)
✦ The court orders the transfer of Lamu PMCC No. 15 of 2014 to this court and consolidates it with Malindi ELC No. 37 of 2015 for hearing.
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William Kimutai Kandie v Consolidated Bank of Kenya Ltd & another [2016] KEELC 989 (KLR)
✦ The court finds the defendants' exercise of the statutory power of sale to be a nullity and grants an interlocutory injunction restraining them from selling, advertising, transferring or dealing with the land parcel.
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Eunice Nduta Wanyoike v Nyakinyua Investments Limited & another [2016] KEELC 45 (KLR)
✦ The court dismisses the Plaintiff's application for reinstatement and injunction, finding that the Plaintiff has not made out a case for the orders sought.
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William Nderitu Waweru & another v Beatrice Kananu & 4 others [2016] KEELC 1268 (KLR)
✦ The application for an interlocutory prohibitory injunction restraining the Defendants from entering into, trespassing onto, depositing building materials, constructing, cultivating, leasing or selling the Plaintiffs' land is granted.
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Wilson Ndegwa Kamau v Sabina Waithira Kamau & another [2016] KEELC 170 (KLR)
✦ The plaintiff's Notice of Motion is allowed, and the court orders the amendment of the plaint, the inclusion of the interested party as a defendant, and the issuance of an order of inhibition.
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Wilson Tanui Barno & 2 others v Jennifer Kositany [2016] KEELC 647 (KLR)
✦ The plaintiffs are declared the rightful owners of the land parcel and permanently restrained from interference by the defendant.
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Wilbert Kipsang Choge & another v Cleophas Kirwa Melly & another [2016] KEELC 809 (KLR)
✦ The plaintiffs' claim for an injunction is dismissed with costs, as the plaintiffs have not shown a probability of success and the balance of convenience tilts towards not granting the injunction.
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Wilfred Ogero Mosigisi v Julius Ogero Mosigisi & another [2016] KEELC 271 (KLR)
✦ The court declines to grant the prayers sought by the plaintiff in the notice of motion and instead orders the parties to maintain the status quo regarding the plaintiff's land parcels.