Kenyan case law

David Lubondi Onyango v Francis Okumu & another; Ernest Odhiambo (Interested Party/Applicant) [2019] KEELC 1826 (KLR)

✦ The application is dismissed as the Applicant cannot effectively agitate his grievances as an interested party in a concluded matter and cannot revive a concluded case via an application like this one.

Republic v E. Muiru & 4 others Exparte Makueni Sand Conservation and Utilization Authority & another; Alex Mawai Mutuku & 15 others (interested parties) [2019] KEELC 1785 (KLR)

✦ The Exparte Applicants' application must fail, and the application is dismissed with costs to the Respondents and the 1st to the 15th Interested Parties.

Joyce Akinyi Oduor v Oswaga Sikoyo & another [2019] KEELC 1827 (KLR)

✦ The court declared Joyce Akinyi Oduor the absolute owner of parcel No. L.R. No. SAMIA/BUKANGALA “A”/570 and SAMIA/BUKANGALA “A”/571.

Micheal Ndungu Mbugua & 2 others v Cecilia Wanjiru Cooper & another [2019] KEELC 1802 (KLR)

✦ The court grants the stay of execution of the judgment pending the appeal.

Ronald Some Ngelechei v Dickson Kiptoo Morogo & another [2019] KEELC 5088 (KLR)

✦ The Plaintiff has not been in exclusive, open, peaceful, continuous and uninterrupted occupation of the land for over 12 years by adverse possession.

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.

Daniel Okasisi Olgerera & another v Barasa Ekapoloni Auku [2019] KEELC 5075 (KLR)

✦ The court dismisses the suits with costs to the defendant, finding them devoid of merit.

Caroline Awino Oduke v Were Labolo Ojanji [2019] KEELC 5087 (KLR)

✦ The court declares that the Defendant should not be owning the land and dismisses the Defendant's counter-claim.

Naresh Kumar Aggarwal v Silas Kiptui Kipchilat & 2 others [2019] KEELC 1792 (KLR)

✦ The Court finds in favor of the Petitioner, ordering the 1st Respondent to remove the perimeter wall and restore the easement space.

Beatrice Nanyama Murunga v Benjamin Amchat & another [2019] KEELC 1794 (KLR)

✦ The Defendants' application for a stay of execution is dismissed with costs, and the Plaintiff's application for eviction is ordered and authorized.

Benjamin Ekisa Emukule v Faustine Okwara Itangasa & another;Levy Sixtus Emojong Emongor(Applicant) [2019] KEELC 1823 (KLR)

✦ The application is dismissed with costs to the Plaintiff

Samuel Bartingei & another v Kiplagat Chebet & another [2019] KEELC 1783 (KLR)

✦ The court held that the plaintiffs have acquired title to a portion of the land by adverse possession and that the respondents hold the title to a portion of the land in trust for the plaintiffs.

John Kaviti Mungaithi v Peter Wambua Kaviti & 4 Others [2019] KEELC 1835 (KLR)

✦ The application is dismissed with costs to the Defendants/Respondents.

Joel Mutie Nzuki v William Makovo Nguu [2019] KEELC 1832 (KLR)

✦ The appeal is dismissed with costs to the Respondent as the trial magistrate did not err in law and fact.

Kithakumu Ngala Moko v Joseph Mutua Kitete & another [2019] KEELC 1834 (KLR)

✦ The application is dismissed with costs to the Respondents

Peter Sileta Muthoka & 3 others v Minister for Lands & another [2019] KEELC 1831 (KLR)

Joseph A Oremo v Commissioner of Lands & 3 others [2019] KEELC 1838 (KLR)

✦ The court dismissed the preliminary objection, upholding the jurisdiction of the Environmental and Land Court.

Kenya Anti-Corruption Commission v Zurip Properties Ldt & another [2019] KEELC 1833 (KLR)

✦ The court declared the lease and registration as null and void and ordered the rectification of the land register.

Lucas A.O.N Ochieng v Judith Atieno Owiti & another [2019] KEELC 1843 (KLR)

✦ The Defendant is the beneficial owner of the suit property and the register should be rectified to reflect this.

Paul Debacko Gogo v Consolate Auma Odhiambo & 2 others [2019] KEELC 1844 (KLR)

✦ The court found the land transfer to be invalid due to the lack of a transfer by chargee form and ordered the land to be returned to the Plaintiff.

Bonface Ochieng Saoke v Jack Odhiambo Miyawa [2019] KEELC 1836 (KLR)

✦ The Court dismissed the Plaintiff's claim and the suit.

Job Ogutu Were & 4 others v Hera Gospel Fellowship Ministry & another [2019] KEELC 1830 (KLR)

✦ The plaintiffs are declared the owners of the land parcel Suna East/Wasweta 1/13108.

Lucas Onginjo Gogo v Naftali Omondi Ambala & 3 others [2019] KEELC 1846 (KLR)

✦ The court has carefully considered the grounds on the motion, grounds of opposition, affidavit evidence, written submissions, and has determined that the plaintiff has not presented a new and important matter discovered after the order sought to be reviewed, and that the new matter does not explain the delay in taking steps to prosecute the suit for more than one year.

Free Pentecostal Felloship in Kenya Registered Trustees v Macedonia Resort Club Limited & another [2019] KEELC 1840 (KLR)

✦ The court dismissed the application to set aside the order and reinstate the suit, as the plaintiff did not receive the notice until June 6, 2018, and the court would have placed the matter for mention instead of dismissal if informed of the National Land Commission hearings.

Okiya Omtatah Okoiti & 3 others v Ministry of Lands and Physical Planning & 4 others; Harunani & Associates (Interested Party) [2019] KEELC 1473 (KLR)

✦ The petitioners' application is dismissed with costs, as there is no danger of prejudice to them if the government development projects continue.