Kenyan case law
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Naomi Wangui Kuria v Harrison Karanja Njihia & 3 others [2017] KEELC 1848 (KLR)
✦ The Plaintiff has not established a prima facie case with a probability of success, and the Application is dismissed.
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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.
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Njoroge Makumi v Mwarangu Makumi [2017] KEELC 1863 (KLR)
✦ The Chamber Summons dated 9th October 2012 is hereby dismissed.
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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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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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Packson Kariuki Ndungu v City Council of Nairobi [2017] KEELC 1870 (KLR)
✦ The Plaintiff's claim for specific performance and refund of payments is dismissed.
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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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Beth Wambui Wambugu v Paul Mureithi Nyaga & 2 others [2017] KEELC 3799 (KLR)
✦ The dismissal of the suit is set aside, and the Plaintiff/Applicant is allowed to reinstate the suit for hearing.
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Joel Okerosi Ochako v African Independent Pentecostal Church of Africa & 2 others [2017] KEELC 3805 (KLR)
✦ The Court finds that the Plaintiff/Applicant has a cause of action and allows the Plaintiff/Applicant to advance his case in a full trial.
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Kiviu Vata & another v Kasiki Makaya [2017] KEELC 3809 (KLR)
✦ The Appellants/Applicants' application for stay of execution is dismissed
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Catherine Kanini Kioko & another v Ruweya Ali Mwinyi & another [2017] KEELC 1306 (KLR)
✦ The Court grants the application for an injunction subject to the Plaintiffs providing a written undertaking as to damages to be filed in Court for the sum of Kshs.7,000,000/= within Thirty (30) days of the date of delivery of this ruling. In default, the injunction automatically lapses.
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Mwangi Njunju & 1501 others v Moses Kubai & another [2017] KEELC 1957 (KLR)
✦ The application is not statute-barred, and the court granted the eviction order.
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Kombo Hassan Kombo v Omar Said Abdalla & another [2017] KEELC 1288 (KLR)
✦ The Plaintiff is entitled to be awarded costs of the suit. The Plaintiff's costs should be paid by the 2nd Defendant. The 1st Defendant is not entitled to any costs from the Plaintiff.
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Jotham Kanjau Mwai v Michael Ndege Kinyua & 3 others [2017] KEELC 3808 (KLR)
✦ The Court finds that the Plaintiff's action is not frivolous nor vexatious and dismisses the application to strike out the suit.
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Angela Mueni Mwandia v Josephat Kavati Muia & another [2017] KEELC 3796 (KLR)
✦ The Plaintiff/Applicant is the absolute and indefeasible owner of the suit property and is entitled to enjoy her rights as proprietor.
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Andrew Rimba Chengo & 2 others v Kazungu Nyundo & another [2017] KEELC 1422 (KLR)
✦ The Plaintiffs' claim is dismissed as they failed to prove their ownership of the land. The Defendants are found to be the rightful owners by virtue of their ancestry.
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Anne Njeri Mbugua(Suing as the legal rep. of Peter Mbugua Mukora v David Gathaiya (being sued as the legal rep. of Raphael Wairimu Mbugua [2017] KEELC 3801 (KLR)
✦ The Court finds that the Plaintiff/Applicant's Notice of Motion dated 15th January 2015 is merited in terms of prayer No.2, allowing the Defendant/Respondent to be restrained from dealing or further registration of any entries registered in the Register pertaining to the parcels of land known as L.R No. Dagorretti /Mutuini/913, 914, 915, 916 and 917, pending hearing and determination of the suit.
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Board of Govenors - Changamwe Sec School v Commissioner of Lands & another Ex-Parte Turf Developers Limited [2017] KEELC 1455 (KLR)
✦ The application is dismissed, and the plaintiff is directed to amend the plaint and serve the defendants within 21 days.
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David Mburu Githere & another v Jamii Bora Bank Limited [2017] KEELC 3800 (KLR)
✦ The court finds the application not merited and dismisses it with costs to the respondent.
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K-Rep Bank Limited v Mumo Maleve & 2 others [2017] KEELC 3810 (KLR)
✦ The Plaintiff/Applicant's Notice of Motion is not merited, and the 2nd and 3rd Defendants' Defences do not amount to clear and unambiguous admissions.
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Maria Rosita Cardozo (Suing through here appointed Agent Masai Mara Sopa Lodge Limited v Robert Kibagendi Otachi & another [2017] KEELC 3804 (KLR)
✦ The Court finds that the transfer of the property was null and void, and the Plaintiff is entitled to the property. The Court orders the rectification of the land registry records and the return of the property to the Plaintiff.
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Debra Limited v Board of Trustees National Social Securities Fund & another [2017] KEELC 3807 (KLR)
✦ The court finds that the plaintiff has a prima-facie case and allows the plaintiff's Notice of Motion, restraining the defendants from conducting distress for rent, evicting, harassing, or interfering with the plaintiff's quiet possession of its office premises.
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Kenya Association of Manufacturers & 2 others v Cabinet Secretary - Ministry of Environment and Natural Resources & 3 others [2017] KEELC 1967 (KLR)
✦ The court grants a conservatory order staying the implementation of the Gazette Notices.
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Philip Kiptoo Ngasaki v Anne Tenai [2017] KEELC 1415 (KLR)
✦ The court enters judgment for the plaintiff against the defendant in terms of prayers No.1 and 2 of the plaintiff's claim dated 8th July 2016. The defendant shall also bear the costs of the suit.
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John Githui Gatua v County Government of Turkana & another [2017] KEELC 1403 (KLR)
✦ The court grants the plaintiff's application for an injunction to restrain the 1st and 2nd respondents from demolishing or destroying the houses on the plaintiff's plots pending the hearing and determination of the suit.