Kenyan case law
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Ajale Enterprises Limited v Simon Gikonyo Ndirangu [2017] KEELC 1906 (KLR)
✦ First and second applications are allowed
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Busuru Mark t/a Busuru R M & Partners Architects v B.A. Omuse t/a Afro Anglo Investments Ltd & another [2017] KEELC 1895 (KLR)
✦ The Notice of Motion dated 23rd March 2016 is hereby dismissed with costs.
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Anne Wambui Bancroft & another v David Njogu Kibui & another [2017] KEELC 1924 (KLR)
✦ The Application is accordingly dismissed with costs to the Applicants.
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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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Kariobangi South Land Owners Welfare Group & 3 others v Nairobi City County & 6 others [2017] KEELC 1879 (KLR)
✦ The petitioners' application is dismissed
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David Mburu Githere & another v John Peter Kamau & 3 others [2017] KEELC 1852 (KLR)
✦ The motion to set aside the consent order is allowed.
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Jamal Mohamed Jillo v Josephat Macharia Wanjeri & another [2017] KEELC 1900 (KLR)
✦ The court declares that the plaintiff is the owner of the property and orders the defendants to hand over vacant possession within 30 days. The plaintiff is entitled to the balance of the purchase price and costs of the suit.
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Margaret Rose Wambui v Silvester John Njoroge [2017] KEELC 3813 (KLR)
✦ Notice of Motion dated 22nd March 2016 by the Plaintiff is hereby dismissed with no order as to costs.
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Amos Kiburu Wainaina & others v Rose Muthoni t/a Manjing Enterprises & 5 others [2017] KEELC 1921 (KLR)
✦ The application is dismissed as the proposed 1st interested party is not yet a party to the suit and the defendant no longer has any interest in the property.
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Kent Libiso & another v Cirkon Trust Co. Ltd & 3 others [2017] KEELC 1909 (KLR)
✦ The 4th defendant is a necessary party and the plaintiffs have a reasonable cause of action against him. The application is dismissed.
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Rajinder Kumar Mandal v Anil Kumar Mandal & another [2017] KEELC 1869 (KLR)
✦ The matter should be referred to arbitration in accordance with the Deed of Settlement
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Anne Mumbi Hinga v Victoria Njoki Gathara & 5 others [2017] KEELC 1943 (KLR)
✦ The Plaintiff's suit is dismissed and the Plaintiff's application is struck out.
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M.O. Oseko & another v David Awori & 2 others [2017] KEELC 1822 (KLR)
✦ The court dismissed the plaintiffs' Notice of Motion for review, finding that the plaintiffs lacked locus standi to maintain the preliminary objection and that the decision would not have been different even if the court had taken note of the plaintiffs' defence in HCCC No. 877 of 2003.
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Patricia Achieng Onyango & another (suing as the legal rep. of Dismas Juma Onyango Kamb) v Meridien Biao Bank Limited (In Liquidation) [2017] KEELC 1713 (KLR)
✦ The court finds that the applicant has established a prima facie case and that the suit property should be preserved by maintaining the status quo until the suit is heard and determined.
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Kenya Post Office Savings Bank Ltd v Simiyu Abiud Wasike [2017] KEELC 3817 (KLR)
✦ The Court finds that the Defendant's occupation of the suit property was lawful and that the Plaintiff is not entitled to the orders sought.
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Beta Engineering Co. Ltd & another v Joseph Mbithi Nzau & 40 others [2017] KEELC 3816 (KLR)
✦ The Court finds that the Defendants are trespassers and the Plaintiffs are entitled to an order of eviction and vacant possession of the suit property. The Plaintiffs are also entitled to general damages and costs.
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Peter Githinji Kungu v Attorney General & 3 others [2017] KEELC 1887 (KLR)
✦ The Plaintiff is the duly registered owner of the suit property, and the court enters judgment in his favor.
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Church Commissioners for Kenya v Kisaju Development Trust & another [2017] KEELC 3812 (KLR)
✦ The Application is hereby allowed.
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Marion Wakanyi Kamau v Deliverance Church Registered Trustees & another [2017] KEELC 1849 (KLR)
✦ The Plaintiff's requests in both applications are dismissed.
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Lucy Wambui Gathara v Njenga Kamumu Mwema [2017] KEELC 1791 (KLR)
✦ The suit is transferred to the Family Division for hearing.
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Paschall Mutwetumo Kyule & another v Michael Wambua Musyoka & 2 others [2017] KEELC 1796 (KLR)
✦ The court did not grant the temporary injunction, as the plaintiffs did not establish a prima facie case with a probability of success. The court also did not grant the permanent injunction or cancel the title deed held by the 1st Defendant.
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Moses Kingati Wangari & 2 others v Joseph Thugo Mwaura & 4 others [2017] KEELC 1928 (KLR)
✦ Application dismissed
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County Government of Lamu v National Land Commission & another [2017] KEELC 1950 (KLR)
✦ The Court dismissed the petition and the Respondent's preliminary objections.
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Annah Nthambi Matheka & 3 others v Boniface Mbithi Matheka [2017] KEELC 1876 (KLR)
✦ I hereby allow this Application with costs to the Plaintiffs.
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Michael Karita Muiru& another v Embakasi Ranching Company Ltd & another [2017] KEELC 1790 (KLR)
✦ The Court dismisses the Application for a temporary injunction as the 1st Plaintiff/Applicant has not established a prima facie case with a probability of success.