Kenyan case law
-
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.
-
Abraham Kamakil & another v Kipturgo Amdeny [2021] KEELC 1727 (KLR)
✦ The plaintiffs' suit is dismissed with costs to the defendant, and the defendant is directed to proceed with his counter-claim.
-
Daudi Kiptugen v Commissioner of Lands & 6 others [2021] KEELC 1931 (KLR)
✦ The court finds that the 7th defendant has not met the conditions to obtain a stay of execution order. The court is satisfied that there was no undue delay in moving the court and that the 7th defendant has not demonstrated substantial loss that would result from a refusal to grant the stay order.
-
Lydiah Wambui Mukuha v Waiganjo Mukuha [2021] KEELC 1835 (KLR)
✦ The suit is reinstated with no orders as to costs
-
Paul Waweru Ngige v Pius Kinoi Maingi [2021] KEELC 1707 (KLR)
✦ The court dismissed the Plaintiff's suit with costs to the Defendant.
-
Michael Kipkorir Maina & another v Stephen Kipkorir Ruto [2021] KEELC 1911 (KLR)
✦ The defendant's notice of motion is dismissed with costs to the plaintiffs.
-
Lilian Wairimu Ngatho & aanother v Moki Savings Co-operative Society Ltd & another; Beatrice Njeri Gachukia & 19 others (Proposed Interested Parties/Applicants) [2021] KEELC 1837 (KLR)
✦ The applications filed by and/or on behalf of the proposed interested parties herein be and is hereby allowed. The judgment dated and delivered on the 30th July 2010, be and is hereby reviewed and/or set aside. The proposed interested parties/applicants be and are hereby admitted into the subject suit as Defendants.
-
Ntianta Ole Ndorko v Alex Ntenkese Puuti & another [2021] KEELC 1822 (KLR)
✦ The Court grants the Plaintiff leave to amend his pleadings and orders an injunction against the 1st Defendant.
-
Ali Haji Abbas v County Government of Mandera & 3 others [2021] KEELC 1762 (KLR)
✦ The Court declared the Petitioner as the lawful and legitimate proprietor of the suit property, ordered the 1st Respondent to vacate the property, issued a permanent injunction, and awarded general and compensatory damages.
-
Christian Community Life Church v Eunice Kinanu Mbae & another [2021] KEELC 1860 (KLR)
✦ The application is allowed in terms of prayers 4 & 5, subject to the applicants executing and filing an undertaking as to damages and costs for Kshs.4 million within 7 days.
-
Clementina Achieng’ Dondo & another (suing as personal representatives of the estate of Boniface Hillary Ombundo) v Attorney General & 3 others [2021] KEELC 1872 (KLR)
✦ The Plaintiffs' suit is dismissed. The 3rd and 4th Defendants' counterclaim succeeds, and the Plaintiffs are ordered to give vacant possession of the land Samia/Luanda-Mudoma/2169. A permanent injunction is issued against the Plaintiffs and their agents from interfering with the 4th Defendant's possession of the land.
-
Mary Ajiambo Nafula & another v George Wafula Tororo [2021] KEELC 1906 (KLR)
✦ The Applicants have acquired adverse possession rights over half an acre of land and the Respondent is ordered to execute transfer documents and pay costs.
-
Josphat Kalaine M’abutu & another v Josphat M’nchebere M’ithae & another [2021] KEELC 1851 (KLR)
✦ The court stays the lower court suit and orders a status quo maintained by each party. The land registrar and surveyor are to prepare a comprehensive report on the status of the parcels within 45 days. Temporary injunctions are issued against the appellants to prevent interference with parcels 8573 and 7717 pending the appeal.
-
Aviano Kiunga v Godfrey Mwiti Kiunga [2021] KEELC 1863 (KLR)
✦ The application is dismissed with no orders as to costs.
-
Anthony Kago v Peter Gitau Kariuki & 3 oters [2021] KEELC 1792 (KLR)
✦ The court finds that the plaintiff should not be penalized for paying costs to the defendants upon withdrawal of the suit.
-
Charles Onyango Menya v Kenya Forest Service [2021] KEELC 1767 (KLR)
✦ The appeal is partially allowed, and a new trial of the suit before a different magistrate in Migori Chief Magistrate’s Court is ordered.
-
David Anunda v John Karu (Sued in His Own Capacity and as the Chairman of Kileleshwa Githunguri Road Residents Association) & 2 others [2021] KEELC 1785 (KLR)
✦ The Court finds that the Plaintiff/Applicant has not filed a Notice of Objection to taxation and there being no application for extension of time within which to file any, the Application for extension of time herein, is premature, stillborn and nullity ab initio.
-
Chogi’s Garage Limited v Peers Oasis Park Holdings Limited & 2 others [2021] KEELC 1789 (KLR)
✦ The Notice of Motion Application dated the 31st March 2021 is devoid of merits and is hereby dismissed with costs to the Respondents.
-
Leila Wambui Abdul v Peter K. Maru [2021] KEELC 1926 (KLR)
✦ The court finds that the defendant has established adverse possession and grants him title to the land parcels.
-
Justus Munyinyi Macharia t/a Gusii Propriety Club v Dakianga Distributors Limited [2021] KEELC 1902 (KLR)
✦ The claim for compensation for unlawful eviction is within the jurisdiction of the court.
-
Benjamin Nyakundi Opande & 35 others v Naomi Wanjiku Mukundi [2021] KEELC 1808 (KLR)
✦ The plaintiffs have met the criteria for adverse possession and the originating summons is allowed in terms of Prayers 1, 2, 3, and 4.
-
In re RGK [2021] KEELC 1938 (KLR)
✦ The application is allowed, and the court directs the minor's name to be included as one of the registered owners of another property and orders the balance of the proceeds to be re-invested for the minor's benefit.
-
Margaret Ndunge Kioko v Manase Ananda Calleb [2021] KEELC 1841 (KLR)
✦ The plaintiff's suit is dismissed with costs, and the application for stay of execution pending appeal is dismissed with costs.
-
Isaac Mbiti John M’ithangatha v M’itabara M’imunya [2021] KEELC 1909 (KLR)
✦ The application is dismissed with costs
-
Arthur Athanas Moody Awori v Charles Omondi [2021] KEELC 1852 (KLR)
✦ The court orders eviction of the defendant and his agents, and awards costs to the plaintiff.