Kenyan case law
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Ephantus Kariuki Thigah v Moses Gicovi Nyaga [2020] KEELC 1964 (KLR)
✦ The court denied the interim injunction and status quo order requests.
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Kenwood Property Developers Limited v Family Bank Limited; Onesmus Ngige Munyambu & another (Interested Parties) [2020] KEELC 1984 (KLR)
✦ The Plaintiff partially succeeds in its claim, and the Originating Summons is dismissed. Each party bears its own costs.
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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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Republic v Senior Principal Magistrate’s Court at Kiambu & 3 others Ex Parte; Tatu City Limited & another [2020] KEELC 2000 (KLR)
✦ The Court finds that the Ex parte Applicants are partially deserving of the orders sought and proceeds to grant prayers No. 1, 2 and 5 the said Judicial Review Application dated 10th May 2018 Application with costs to be borne by the 1st Respondent.
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Rophina Imo Amai v Lawrence Isogol Karani [2020] KEELC 1963 (KLR)
✦ Application dismissed with costs
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Joseph Kedimuk Lotukuma v Maxwel Mwaya Burudi & 2 others [2020] KEELC 1843 (KLR)
✦ The court grants the plaintiff's application for an interim injunction, finding that the plaintiff has established a prima facie case of fraud and that the balance of convenience lies in confirming the interim injunction.
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John Mwangi Ndirangu & another v Raphael Murigi Kariuki [2020] KEELC 1985 (KLR)
✦ The appeal is allowed, and the Respondent's adverse possession claim is dismissed.
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Otieno Okeyo & Co Advocates v Gladys Nabubwaya Opinya [2020] KEELC 2065 (KLR)
✦ The application is dismissed with costs to the advocate/applicant.
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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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Robert Njiriri Mbugua v Erustus Makari Watila, Simon Wamalwa & Moses Wakori Wamalwa (Environment and Land Appeal 2 of 2020) [2020] KEELC 2064 (KLR) (18 June 2020) (Ruling)
✦ The Appellant's Notice of Motion dated 12th February 2020 is devoid of merit and is accordingly dismissed with costs to the 2nd and 3rd Respondents.
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Daniel Karanja Mutitu v Smart Shop Limited [2020] KEELC 2042 (KLR)
✦ The Court dismissed the Application to dismiss the Counter-claim as the previous suits were not concluded and the elements of res judicata were not present.
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Maurine Akinyi Maloba & another v Abbas Abubakar Alwi [2020] KEELC 2069 (KLR)
✦ The Court finds in favor of the Plaintiffs, granting an order of specific performance and a permanent injunction.
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Mary Nyathira Kang’ethe v Fredrick Wairegi Karuri [2020] KEELC 2074 (KLR)
✦ The Court finds in favor of the Plaintiff and orders the Defendant to execute a transfer of the suit property to the Plaintiff.
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Maisha Bora Limited v Land Registrar Kilifi County & 2 others [2020] KEELC 2098 (KLR)
✦ The application is misconceived and without basis. The application is dismissed with costs to the Petitioner and the Law Firm of Binyenya Thuranira & Company Advocates.
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Stanley Henry Kahindi v Bozo Ndenge Mumbo & another [2020] KEELC 2075 (KLR)
✦ The Plaintiff is entitled to a permanent injunction, damages for wrongful entry and obstruction, and rectification of the register.
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Ismael Shemaka v Raffaela Pochintesta & another [2020] KEELC 1966 (KLR)
✦ The Court dismissed the application, finding that the application was not tenable as the Order of the Court was entered by consent of the parties and the suit was marked as settled in terms of the consent.
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Kasigau Ranching (D.A) Company Limited v Lilian Mercy Mutua t/a Lilian M. Gems [2020] KEELC 1808 (KLR)
✦ The application is allowed, and the suits are transferred to the Environment and Land Court at Mombasa for disposal. The court reprimands the parties and counsel for filing the suit outside the Magistrate’s Court's jurisdiction.
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Muthithi Investments Company Limited & another v Nairobi City County Government [2020] KEELC 2001 (KLR)
✦ The petitioners' notice of motion dated 22/12/2018 is allowed in terms of prayers 3, 4 and 5. The petitioners' notice of motion dated 8/4/2019 is declined.
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Malindi Ginneries Limited v Pritpal Singh Kalsi & 6 others [2020] KEELC 2096 (KLR)
✦ The Court found in favor of the Plaintiff, declaring the grants and titles issued to the 1st, 2nd, 3rd, and 5th Defendants illegal, null, and void ab initio.
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Edward Kungu & another v David Ndung’u Njihia & 7 others; Jessy Karanja Mucheke (Proposed Interested Party) [2020] KEELC 2095 (KLR)
✦ The Court found that the applicants had not established a prima facie case and thus dismissed their Application for interim injunctive Orders. The Court also found that the Application to recuse itself did not meet the legal threshold for recusal of a Judge.
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Republic v National Land Commission & 2 others Ex Parte Denman Properties Limited & 2 others [2020] KEELC 2022 (KLR)
✦ The motion is allowed with costs against the National Land Commission.
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County Government of Laikipia v James Kimani Mburu & 3 others [2020] KEELC 2091 (KLR)
✦ The court finds the suit for trespass is not statute barred and the Preliminary Objection is not sustainable.
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Papa & another v National Environmental Authority & another (Environment and Land Case 1 of 2019) [2020] KEELC 1825 (KLR) (16 June 2020) (Judgment)
✦ The court dismissed the petition with costs, finding that the petitioners were wrong to institute the matter before the Environment and Land Court, Busia, as a court of first instance and that the petitioners failed to prove their case.
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Josephat Thuo Githachuri v Joseph Kibui Mwithiga [2020] KEELC 1932 (KLR)
✦ Plaintiff's case is proved, injunction and damages granted
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Rachael Njango Mwangi (Suing as the personal representative of the Estate of Mwangi Kabaiku (Deceased) v Hannah Wanjiru Kiniti & another [2020] KEELC 2123 (KLR)
✦ The Plaintiff is ordered to give the Defendants the requisite Notice before evictions as provided by the law.