Kenyan case law
-
Charles Nyakundi v City Council of Nairobi & another [2019] KEELC 2004 (KLR)
✦ The Plaintiff is the registered owner of the Suit Property and is entitled to special damages of Kshs. 26,355,000/= and general damages of Kshs. 5,000,000/=
-
Masto Holdings Limited v Njenga & 4 others (Environment & Land Case 226 of 2016) [2019] KEELC 1954 (KLR) (8 August 2019) (Judgment)
✦ The Plainti has failed to prove its claim on a balance of probabilities, and the 1st Defendant’s counterclaim is allowed.
-
Erwin August Stillhard & another v Zeverchand Ramji Shah & 3 others [2019] KEELC 1979 (KLR)
✦ The Plaintiffs have established their claim to the land and the 1st and 2nd Defendants did not have the right to transfer the land to the 3rd Defendant. The court grants the Plaintiffs' prayers and awards them the costs of the suit.
-
Kenneth Kirika Watene v Peter Kimani Kairu t/a K.N. Associates & 4 others [2019] KEELC 1994 (KLR)
✦ The Plaintiff's application to amend the amended plaint has no merit and is dismissed with costs to the Defendants
-
Mathew Sawe Chuma & 5 others v Kenya Fluorspar Company Limited & 4 others [2019] KEELC 1882 (KLR)
✦ Conservatory orders and directions issued on 24th July, 2019 are hereby varied, reviewed, vacated and or set aside forthwith
-
Benson Nchunge Kujoga v Land Adjudication Officer, Mariani Adjudication Section; Desiderio Nkonge Kirigu (Interested Party) [2019] KEELC 1874 (KLR)
✦ The court ordered the application to be served upon the other parties and heard interpartes on 4th September, 2019, and requested the applicant to clarify if he had exhausted apposite statutory remedies.
-
Martha Chelal & another v Elijah Kipkemoi Boiywo & 2 others [2019] KEELC 2002 (KLR)
✦ The court held that the 1st defendant fraudulently acquired the suit land and registered it in his name, thus the plaintiffs are entitled to the orders sought.
-
Kiplagat Kotut v Rose Jebor Kipngok [2019] KEELC 1999 (KLR)
✦ The application is dismissed with costs.
-
Rosemary Mumakwa v Magdaline S.Isweta & 2 others [2019] KEELC 1906 (KLR)
✦ The court found in favor of the plaintiff, declaring adverse possession and extinguishing the defendants' title.
-
Johana Chepkurui Kibiwott v Micah Cheboi Kibiwot [2019] KEELC 1894 (KLR)
✦ The Court upheld the preliminary objection and the adoption of the Land Disputes Tribunal's decision, finding that the Land Disputes Tribunal was the appropriate forum for the dispute.
-
Kayus Mokaya Babu v Land Registrar Kisii & 2 others [2019] KEELC 2144 (KLR)
✦ The preliminary objection is dismissed with no costs
-
Abdi Mohamed Kahiya v Fatuma Haji Kasim [2019] KEELC 2048 (KLR)
✦ The court dismissed the plaintiff's claims due to insufficient evidence of legal ownership and the lack of a valid letter of allotment.
-
Peter Maingi Ndegwa & another v Moses Muiruri Ng’ang’a & 2 others [2019] KEELC 2038 (KLR)
✦ The court finds in favor of the plaintiffs and orders the land to be transferred to them.
-
Judetheus Kiplagat Malakwen v Norman Kibitok Kogo [2019] KEELC 2097 (KLR)
✦ The court finds in favor of the defendant's adverse possession claim and grants a declaration that the defendant has acquired 2 acres of land by adverse possession.
-
Anderson Gitaari Mwangi v Roland Mbuba Mukingo & another [2019] KEELC 2131 (KLR)
✦ The application is dismissed and costs are awarded to the interested party.
-
M’Chabari Kinoro v Isaiah Nkoroi Muriungi & 5 others [2019] KEELC 2098 (KLR)
✦ Application denied due to non-compliance with Civil Procedure Rules, but warrant of arrest against 1st, 3rd, and 4th defendants is lifted on condition they attend court and satisfy the bill of costs.
-
Kanga Mwirabua & 11 others v Ndereba Naichu [2019] KEELC 2057 (KLR)
✦ The application is allowed, and the two suits will be consolidated under ELC No. 47 of 2018.
-
Teresia Wairimu Kirima (Administrator of the Estate of G K Kirima - Deceased) v Chairman Rent Restriction Tribunal Nairobi & another; Rose Muthoni & another (Interested Parties) [2019] KEELC 2079 (KLR)
✦ The proceedings are not time-barred. The Tribunal does not have jurisdiction to entertain the rent dispute after the standard rent has been assessed.
-
Maureen Wangui Kamande & 4 others v Nicholas Mwaniki Waweru t/a Mambo Moto Media & 2 others;Esther Moraa Mombo & 2 others (Interested Parties) [2019] KEELC 2107 (KLR)
✦ The defendants are not to be committed to civil jail for 6 months.
-
Mercy Wanjiru Mburu v Elizabeth Wanjira Evans & 8 others [2019] KEELC 2060 (KLR)
✦ The application is allowed, and the law firm of M/s Githui & Company Advocates and Mr. Githui John are disqualified from acting for the 4th, 5th, 6th, and 7th defendants.
-
Parmuat Oloihorua Kore v Philip Santamo Wuantai & 4 others [2019] KEELC 2122 (KLR)
✦ The court denied the stay of execution of the judgment pending appeal.
-
Benson Ambuti Adega & 2 others v Kibos Sugar and Allied Industries Limited & 4 others; Kenya Union of Sugar Plantation and Allied Workers(Interested Party) [2019] KEELC 2242 (KLR)
✦ The court finds that the issues can be raised and determined in one forum, which is this court. The Petitioners' options were either to come to this court or appeal to the Tribunal.
-
Olwal Gabriel Otieno v Kenya Women Finance Trust Ltd [2019] KEELC 2252 (KLR)
✦ The court finds no merit in the motion and dismisses it with costs.
-
Lavin Adhiambo Ogada (Suing as personal representative of the Estate of the late Isaac Ochieng’ Ogada (Deceased) v Daniel Okoth Ogada & 4 others [2019] KEELC 2017 (KLR)
✦ A temporary injunction is granted against the defendants to restrain them from disposing of the suit land pending the hearing and determination of the suit.
-
Michael Gatuma & 19 others v Victor Karithi & another [2019] KEELC 2142 (KLR)
✦ Status quo to be maintained, whereby only the construction of a toilet is allowed until the application and preliminary objection are heard and determined.