Kenyan case law
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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.
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Isaac Mbiti John M’ithangatha v M’itabara M’imunya [2021] KEELC 1909 (KLR)
✦ The application is dismissed with costs
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Agnes Moraa Gichana v Grace Moraa Mogoi [2021] KEELC 1895 (KLR)
✦ The court grants the application and sets aside the ruling of 20th May 2020, expunging the affidavit and substituting new orders.
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Antony Ndereba & another v Amos Mwenda Kairichia [2021] KEELC 1915 (KLR)
✦ The appeal is dismissed with costs to the respondents.
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Nuh Abdille Hassan v Principal Magistrate’s Court at Milimani & another; Halima Mahmood Ali (Interested Party) [2021] KEELC 1764 (KLR)
✦ The court declined to grant leave to institute judicial review application against the respondents and the interested party.
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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.
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Imani Hospital &another; v Hasham Lalji Properties Ltd [2021] KEELC 1908 (KLR)
✦ The plaintiffs' claim is dismissed with costs, and the defendant's counterclaim also fails.
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Japhet Muriungi Rukunga (Suing as legal representative of the estate of M’itiri Mbirithi M’mbirithi (Deceased) v Stephen Muriuki Baibaya [2021] KEELC 1873 (KLR)
✦ The appeal is allowed with costs to the appellant
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Samwel Nyabichere Muchemerson v Daniel Sereria Makara & 3 others [2021] KEELC 1878 (KLR)
✦ The first application is unmeritorious and the second application is disallowed
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Republic v Director of Land Adjudication & Settlement & another;Deborah Ogendi & 3 others (Interested Parties) Ex- Parte; Joseph Goroba Olum [2021] KEELC 1845 (KLR)
✦ The JR application is disallowed as it lacks merit and is barred by statute.
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David Kibet Langat & another v Moses Mutai & another [2021] KEELC 1935 (KLR)
✦ The court granted the interlocutory injunction orders restraining the Respondents from illegally entering, remaining upon, using, wasting, erecting containers or dealing in the suit land pending the hearing and determination of the suit.
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Patrick Muleyi v Selina Nambuye Nabalokha & another [2021] KEELC 1671 (KLR)
✦ The appeal is dismissed. Each party to meet their own costs both here and in the Court below.
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Alfred Ireri Nderi v Stephen Njeru Joel [2021] KEELC 796 (KLR)
✦ The appeal is dismissed with no order as to costs
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Gujral Sandeep Singh Raghbir v Minister for Public Works, Road & Transport,County Government of Kajiado & another [2021] KEELC 1893 (KLR)
✦ The Chamber Summons Application is unmerited and will be disallowed.
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George Stephen Macharia v Issa Njawiri Jabiri & 2 others [2021] KEELC 1831 (KLR)
✦ The judgment is set aside, and the title of the plaintiff is revoked. The title to revert as it was before the suit was filed.
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Paul Kibet Laboso & 3 others v New Gatundu Mixed Farmers & another [2021] KEELC 1921 (KLR)
✦ The court orders the defendants to provide an extra 40.02 acres of land or an equivalent amount in market value to the plaintiffs.
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Magoiga Maroa Nyakobwe v John Chacha Maroa [2021] KEELC 1901 (KLR)
✦ The application is dismissed with costs to the respondent
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Leonida Nyaboke Nyagaka v Victora Bosibori Mogire [2021] KEELC 1685 (KLR)
✦ The Court finds that the Applicant has established a prima facie case with a probability of success and has suffered irreparable loss if an order of injunction is not issued.
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Rosebella Anyumba v Clement O. Sakiri [2021] KEELC 1885 (KLR)
✦ The court finds in favor of the plaintiff and orders the defendant to transfer a portion of the land to the plaintiff.
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Republic v Ministry of Lands, Housing & Urban Development & 4 others Ex-Parte Osoro Kennedy Omwoyo; Jeremiah Otieno Okenye (Interested Party) [2021] KEELC 1688 (KLR)
✦ The court finds that parcels no. Gesima Settlement Scheme 812 and 813 were not public utility plots and the Applicant did not have a legitimate expectation to them.
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Richard Nyamwange & another v Samuel Kimani Gathemba & 10 others [2021] KEELC 1750 (KLR)
✦ The application for a stay of execution is allowed, and the plaintiffs are ordered to deposit Kshs. 2,000,000 as security.
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Reuben Magondu Warirah v Deputy County Commissioner Kasarani Sub-County, Nairobi County & 2 others [2021] KEELC 1774 (KLR)
✦ The court granted a prohibitory injunction restraining the defendants from issuing false objections to the plaintiff's title and development of the suit property, pending the hearing.
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Michael Ole Dikirr v Tananko Ole Kwena & 3 others [2021] KEELC 1907 (KLR)
✦ The application is granted, and the judgment of February 7, 2018 and all subsequent orders are set aside.
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Kibungei Arap Kogo v Mary Njeri Gitiba [2021] KEELC 1752 (KLR)
✦ The court found in favor of the plaintiff, Kibungei Arap Kogo, and declared that the defendant, Mary Njeri Gitiba, had acquired the land illegally and fraudulently.
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Margaret Ngina F. Mutua (Suing as the legal representative of the Estate of Alice Mwose Nzioka – Deceased) v Martin Nzioka Mutua, Josephine Mukonyo Mutua, Lukenya Ranching & Farming Co-operative Society, District Land Registrar, Machakos, Attorney General & Mamuco Sacco Limited (Environment & Land Case 72 of 2006) [2021] KEELC 1786 (KLR) (24 September 2021) (Ruling)
✦ The application for a temporary injunction restraining the 1st to 6th Respondents from dealing with the land is allowed.