Kenyan case law
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Kesi Kahindi & 23 others v Philip Kimeu & another [2020] KEELC 1848 (KLR)
✦ Application for stay pending appeal dismissed
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Ochami Opindi v Wilfred Lukongo Liboyi [2020] KEELC 1938 (KLR)
✦ The plaintiff has a beneficial interest in the suit land and the defendant is ordered to transfer the land to the plaintiff within 90 days.
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Magdalene Nyokabi Guandai v Peter Kibet Tuei & another [2020] KEELC 1870 (KLR)
✦ The Plaintiff's application is allowed, and the summons to enter appearance is extended for 30 days from the date of the order, to be served upon the Defendants via the Daily Nation Newspaper within 15 days.
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Mary Muthoni Ngari v Joseph Ngari Kamau & 6 others [2020] KEELC 1821 (KLR)
✦ The court will amend the judgment to issue new titles to the plaintiff and second defendant in their names, each measuring five acres.
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Apex Steel Limited v National Land Commission, Cabinet Secretary Ministry of Land, Housing & Urban Development, Chief Land Registrar & Attorney General; Wavinya Ndeti, Commercial Bank of Africa Limited, Nic Bank Limited & Raphael Musyoki Ndeti (Interested Parties) (Petition 1028 of 2015) [2020] KEELC 1987 (KLR) (Environment and Land) (19 June 2020) (Judgment)
✦ Petitioner is the registered proprietor of the suit properties and is entitled to the declarations sought in prayers (a) and (b) of the petition.
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Edward Githaka Kiandingu v Mary Naomi Mwangi & another [2020] KEELC 1806 (KLR)
✦ The court finds that the plaintiff has not shown that the deceased persons Titus Mwangi and Benson Muriuki were reported for the commission of the alleged criminal acts and prosecuted in accordance with the law.
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Mukunya Mugo A & another v Elizabeth Mugure Mukunya [2020] KEELC 1961 (KLR)
✦ The judge is not biased, but the court grants the recusal to expedite the case.
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Reuben Ndungu Muiruri v Ruth Nyambura Muthoni [2020] KEELC 1994 (KLR)
✦ The Appellant's suit is struck out as completely unnecessary and an abuse of the process of the Court.
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Alice Wambui Nganga v John Ngure Kahoro & another [2020] KEELC 1992 (KLR)
✦ The court finds that the title to the land should be impeached and the Plaintiff is entitled to the land or an equivalent value, and the costs of the suit.
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Republic v County Government of Busia Ex Parte Dismas Egesa Osinya [2020] KEELC 2038 (KLR)
✦ The application is found to be merited and granted as prayed.
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Peter C. Gatoto Karanja & another v Stephen Karanja Gatoto & another [2020] KEELC 2094 (KLR)
✦ The previous order dismissing the plaintiff's suit is set aside, and the plaintiff's suit is reinstated
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Mumali v Ogoha (Civil Case 147 of 2016) [2020] KEELC 2082 (KLR) (18 June 2020) (Judgment)
✦ The court finds the plaintiff's allegations of breach unfounded and the plaintiff's suit is not time-barred.
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Maguga Green Apartments Limited v Attorney General, SBM Bank (Kenya) Limited & Richardson Properties Limited [2020\] eKLR [2020] KEELC 2055 (KLR)
✦ The court finds that the allocation of the land parcel 7561/R by the 3rd defendant to the plaintiffs was conducted through an irregularity and therefore the titles issued over the land parcel 7561/R were irregularly acquired. The plaintiff has proved its case as against the defendants on a balance of probabilities.
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Kimuhu Kimando Kangara v Kangara Kimando [2020] KEELC 1947 (KLR)
✦ The plaintiff's claim is not proved on a balance of probabilities, and the suit is dismissed with costs to the defendant.
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Republic v Chairman Land Disputes Tribunal at Embu & another; Mathuva Mukemba (Interested Party) Ex-parte Mbaika Kaviti Kyunguti alias Mbaika Kaviti Nyange [2020] KEELC 2073 (KLR)
✦ The decision of the Appeals Committee was ultra vires and therefore null and void ab initio.
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Kenneth Kipkurui (Suing as Administrator on behalf of the Estate of the late Joseph Kimibei Rotich v Elizabeth Kilele & 3 others [2020] KEELC 2017 (KLR)
✦ The court finds the plaintiff's suit statute-barred under the Limitation of Actions Act and strikes out the suit.
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Enkasiti Flower Growers Limited v Protein & Fruits Processing Limited & another [2020] KEELC 2032 (KLR)
✦ The court finds in favor of the plaintiff and orders specific performance of the sale agreement, directing the 1st defendant to execute a transfer of the property free from encumbrances in favor of the plaintiff.
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Rophina Imo Amai v Lawrence Isogol Karani [2020] KEELC 1963 (KLR)
✦ Application dismissed with costs
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Nelson Mwangi v Kikuyu Town Council & another [2020] KEELC 2078 (KLR)
✦ The court found that the construction by the 2nd defendant of the lock-up building beyond the initial approval by the 1st defendant is illegal and interferes with the plaintiff's property. The court also found that the 2nd defendant's construction of the toilet at the entrance of the plaintiff's staircase is illegal and causes a bad stench.
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Rael Chepngetich Emaina v Chelule Arap Maina & another [2020] KEELC 2061 (KLR)
✦ The court found that the 1st defendant is not the registered proprietor of the parcel of land known as Njoro/Ngata Block 5/170 and therefore he cannot hold it in trust for the plaintiff and her children. The plaintiff holds the parcel known as Ndundori/Mugwathi Block 2/321 (Murunyu) in trust for the plaintiff and her children.
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Rose Kanana Muthuri v Erdermann Property Limited [2020] KEELC 2026 (KLR)
✦ The court finds that the plaintiff has proved her case on a balance of probabilities and enters judgment in her favor.
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Nkugwe Investments Limited v Jane Njeri Wanjiru Kihara & 9 others [2020] KEELC 2039 (KLR)
✦ The application is dismissed with costs to the 2nd to 6th contemnors
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Registered Trustee of Lady Muriel Jex Blake Memorial Garden v Anthony Njehu Boro & another [2020] KEELC 2070 (KLR)
✦ The court finds in favor of the plaintiff, issuing an injunction, a declaration of trespass, and awarding damages.
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Airport View Housing Limited v National Land Commission & 4 others [2020] KEELC 1956 (KLR)
✦ The application is dismissed with costs, as the court finds no merit in the petitioner's Notice of Motion and no prima facie case of violation of constitutional rights.
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Eunice Wangui Mbogo & another v Margaret Mbucu Mathuri & 2 others [2020] KEELC 2076 (KLR)
✦ The applicants' claim for adverse possession is premature due to the death of the deceased owner, and the interim injunction is denied.