Kenyan case law
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Ismael Tete Keya v Joseph Masinde Juma & 3 others [2017] KEELC 1341 (KLR)
✦ The application has no merit and is dismissed with costs.
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Registered Trustees of Kibera Solidale Italia Solidale v Mary Mutoro Sirengo [2017] KEELC 1437 (KLR)
✦ The dismissal order is set aside, and the suit is reinstated.
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Mary Namaemba Mukombie Waswa v Marcellina Nekesa [2017] KEELC 3822 (KLR)
✦ The court finds in favor of the plaintiff, declaring the defendant a trespasser and ordering her eviction.
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Peter Midimo Agola v County Government of Trans Nzoia [2017] KEELC 1342 (KLR)
✦ The court finds that the plaintiff has demonstrated a prima facie case with probability of success and that he would suffer irreparable damage if his developments are demolished immediately. The interim injunction is confirmed pending the hearing and determination of the suit.
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Agriseed Company Limited v Grandways Ventures Limited [2017] KEELC 1424 (KLR)
✦ The court grants the plaintiff's prayer for an interlocutory injunction, subject to the plaintiff depositing the sum of Kshs.1,814,697/= in a joint account and releasing the plaintiff's goods to the plaintiff.
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Nahashon Ochieng Onyango v Mwanika Onyango & 11 others [2017] KEELC 1384 (KLR)
✦ The court grants prayers Nos. 4, 6, 7, 8, 9, 10, 11, and 12, including a declaration that the plaintiff is entitled to exclusive possession of the suit properties and an injunction to vacate the properties.
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Martin Juma Naibei v Kenya Commercial Bank Limited & 2 others [2017] KEELC 1397 (KLR)
✦ The application is dismissed. The plaintiff shall bear the costs of the application.
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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.
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Republic v Ronald Barasa, National Land Commission, Land Registrar Trans Nzoia & Cabinet Secretary, Lands Housing & Urban Development [2017] KEELC 128 (KLR)
✦ The Chamber Summons is struck out for failure to comply with Order 53 rule 1(2). Costs shall be borne by applicants.
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Albert Boyo Kirui v Benjamin Kiprotich A. Kigen & 5 others [2017] KEELC 1386 (KLR)
✦ The plaintiff has established a prima facie case with a probability of success against the rest of the defendants in respect of Plot No. 45 alone. Consequently, the orders sought in the application may issue against them. The suit against the 3rd defendant is not struck out at the moment.
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Lazaro Ochieng v Marie Stopes Kenya [2017] KEELC 1399 (KLR)
✦ The court ordered the defendant to operate within the extent of the land in Title No. Kitale Municipality Block 3/883 and remove the encroached part of the building.
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New Mukeu Farmers Co-operative Limited v Kelvin Karanja Kirika & 7 others [2017] KEELC 120 (KLR)
✦ The court granted an interim injunction restraining the defendants from interfering with the land.
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Cheltiff Tours and Safaris Ltd v Martin Nkonge Njagi t/a Little Olerai Luxury [2017] KEELC 1985 (KLR)
✦ The Court ordered the Defendant to vacate the property and to not gain access to it.
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Joseph Mung’aya Makotsi v Kenya Power & Lighting Company Ltd & another [2017] KEELC 1542 (KLR)
✦ The defendants are trespassers and the plaintiff is entitled to mesne profits, reasonable compensation, and restoration and repair for the use of the plaintiff's land.
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Kasarani Mall Ltd v Daniel Otieno Miganga & 3 others [2017] KEELC 3795 (KLR)
✦ The Court dismissed the Plaintiff's claim for a permanent injunction and general damages.
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Benjamin Kipkorir Chesire v Kipchirchir Chumba [2017] KEELC 1534 (KLR)
✦ The application is dismissed with costs.
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Christopher Nasokho Odito v County Government of Kakamega [2017] KEELC 1504 (KLR)
✦ The application is not allowed, and the case will be heard in Kakamega.
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Barbara Jebet Moi v Emily Chesang [2017] KEELC 1974 (KLR)
✦ An injunction is granted to restrain Emily Chesang from burying the remains of her deceased daughter on the suit property.
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Kipkurgat Kibor Kibiego v Nicholas Gichuru [2017] KEELC 1465 (KLR)
✦ The defendant's application is granted. The defense is amended as prayed. The defendant is to amend and serve the defense within 7 days. The plaintiff is to file a reply to the amended defense and counterclaim within 7 days of service.
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John Seguton Chelimo v Land Registrar Kabarnet & 2 others [2017] KEELC 1533 (KLR)
✦ The court held that the registration of the land in the name of the 2nd Interested Party is arbitrary and denies the petitioner fair administrative practices, thus the allotment is revoked.
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Joseph Kibiwot Chesigot v Daniel Tarus Ngaile & 9 others [2017] KEELC 1462 (KLR)
✦ The plaintiff's claim is dismissed with no order as to costs.
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Ruth Nyawira Wamai v Wangui Wamai [2017] KEELC 2005 (KLR)
✦ The court found that the defendant was not entitled to inherit the deceased's estate and that the plaintiff was entitled to the land.
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Nancy Wakathare Nguri & 2 others v Edith Wagatu Nguri & 2 others [2017] KEELC 2087 (KLR)
✦ The Court holds that this Court has jurisdiction to hear and determine the dispute.
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Robert Njoroge & another v James Mwangi Kanyi & another [2017] KEELC 2011 (KLR)
✦ The court finds the transfer of the suit property to the 2nd defendant was fraudulent and orders the defendants to either transfer the property to the plaintiffs or refund the purchase price with interest.
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Margaret Mwihaki Wanjau v Joseph Muiruri Mugo [2017] KEELC 2014 (KLR)
✦ The respondent's possession of the suit property was lawful and proper