Kenyan case law

Patrick Malongo Lidovolo v Luice Asang’asa, Acton Musii Khalambukha & Sabeti Khalambukha (Environment & Land Case 78 of 2017) [2020] KEELC 1975 (KLR) (24 June 2020) (Judgment)

✦ The plaintiff is the registered proprietor of the land parcel and the defendants are ordered to vacate the land within 90 days, exhume the bodies of the deceased, and be permanently enjoined from using the land.

Catherine Njeri Macharia v Macharia Kagio & another [2020] KEELC 1928 (KLR)

✦ The court dismissed both the plaintiff's and the defendant's motions as the plaintiff failed to meet the criteria for granting mandatory and ordinary injunctive orders.

The Registered Trustees Bhagwanji Raja Charitable Foundation & another v Coast Computer Bureau Limited [2020] KEELC 1794 (KLR)

✦ The two suits are consolidated to avoid an avalanche of cases for every breach and to address the service charge claim once and for all.

Dariya Shinyanzwa & another v Josephat Lisiolo Lishenga & 4 others [2020] KEELC 1969 (KLR)

✦ The application for stay of execution is granted as the appeal is arguable and would be rendered nugatory if the stay is not granted.

Antony Otindo Kulali v Paulo Munyokho Stephen [2020] KEELC 1954 (KLR)

Livingstone Maina Ombete v Kenya Power & Lighting Company Ltd [2020] KEELC 1905 (KLR)

✦ The court dismisses the preliminary objection and finds that the court has jurisdiction to hear and determine the suit.

Winlord Muhemberi v County Government of Vihig (Environment & Land Case 33 of 2017) [2020] KEELC 1900 (KLR) (24 June 2020) (Judgment)

✦ The plaintiff's claim is dismissed with no orders as to costs, as the plaintiff failed to prove ownership of the plot and its existence on a balance of probabilities.

Grace Afwandi Lugai v Isaac Lurekho Michika [2020] KEELC 1919 (KLR)

✦ The plaintiff's claim is dismissed, and the defendant is ordered to vacate the plot.

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.

Japheth Welekhasia v Stephen Mukabwa & 2 others [2020] KEELC 1983 (KLR)

✦ The plaintiff's claim is dismissed with no orders as to costs.

Chairman School Committee Seth Mutamba Mushila v Shavrotsi Primary School & 6 others [2020] KEELC 1976 (KLR)

✦ The appeal is dismissed with costs as the trial magistrate's decision was based on the required standards and the respondents proved their case.

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.

Peter Akama Mudiwo v Francis Omondi Oniala & 2 others [2020] KEELC 1926 (KLR)

✦ The appeal is dismissed with costs.

Ronald Were Mwachi v Jane Omukamba & 5 others [2020] KEELC 1897 (KLR)

✦ The application is dismissed with costs as it is misconceived and an abuse of the court process.

Habibu Makokha Wamurwa v Ali Kusinyo Musa Fitonje & another [2020] KEELC 1971 (KLR)

✦ The court dismisses the plaintiff's claim and grants the defendant's counterclaim, ordering the defendant to subdivide and register 1/4 acre of the land parcel North Wanga/Matungu/1823 in the name of the interested party within 90 days.

Pius Posita Mukokho v Moses Muyoma Lihemo [2020] KEELC 1955 (KLR)

✦ The application is dismissed with costs

Kesi Kahindi & 23 others v Philip Kimeu & another [2020] KEELC 1848 (KLR)

✦ Application for stay pending appeal dismissed

Peter Ngugi Kainamia & another v Tabitha Wambui Munyao & 7 others [2020] KEELC 1849 (KLR)

✦ The court grants the application for a stay of execution pending the hearing and determination of the appeal, subject to the provision of security.

John A. Karoli & 3 others v Joseph Chibeyia Makamu [2020] KEELC 1904 (KLR)

✦ The application is granted, but the orders will be stayed for 90 days due to the coronavirus pandemic.

Bashir Yusuf & another v Talalei Kiptenai [2020] KEELC 601 (KLR)

✦ The court granted an interim order of inhibition to prevent further transactions over the defendant's property pending the hearing of the suit.

Elijah B. Wamburi & 2 others v Joshua Wilson Muthioma & 6 others [2020] KEELC 1893 (KLR)

✦ The application for a stay of execution pending appeal is dismissed as the applicants have not demonstrated the required conditions and have not shown substantial loss.

Bethwel Kiplagat Kosgei v Jackson Chepkwony & Land Registrar, Uasin Gishu County [2020] KEELC 1008 (KLR)

✦ The court found that the 1st defendant held the land in trust for the plaintiff and her siblings, and that the plaintiff is entitled to her share of 9 acres. The court also found that the 1st defendant illegally subdivided the land and issued new titles.

Moses Kachisa Moyi v Andati Sumba & 2 others [2020] KEELC 1968 (KLR)

✦ The appeal is dismissed with no orders as to costs.

Richard Walala Ogollah v Luka Ndalusia Yeswa (Environment & Land Case 409 of 2017) [2020] KEELC 1991 (KLR) (23 June 2020) (Judgment)

✦ The court finds the plaintiff to be the registered proprietor of the land and grants a permanent injunction against the defendant.

East Africa Yearly Meeting of Friends v Kaimosi Friends University College (KAFUCO) [2020] KEELC 1931 (KLR)

✦ The appeal is upheld, and the ruling and orders of the Principal Magistrate are set aside.