Kenyan case law
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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.
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Charles Ondieki Onchwati & 3 Others v Nakuru County Government & another [2019] KEELC 2044 (KLR)
✦ The application is allowed, and the plaint is amended to include the applicant as an additional plaintiff.
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Stephen Mbugua Gituthi & 2 others v National Land Commission & another [2019] KEELC 2031 (KLR)
✦ The 1st Respondent was entitled to take compulsory acquisition of the Petitioners' land for public purposes.
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Daudi Samuel Sumba & another v Pentonville Holdings Limited [2019] KEELC 1907 (KLR)
✦ The plaintiffs are entitled to a refund of the deposit of Kshs.1,650,000 together with interest from the date of filing until payment in full.
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Oloololo Game Ranch Ltd v National Land Commission & 2 others; Chief Land Registrar & 2 others (Interested Parties) [2019] KEELC 2023 (KLR)
✦ Application dismissed as lacking merit
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Peter K Gitahi & Ndungu Mugoya v Akuisi Farmers Co. Ltd & John Kagai (Environment & Land Case 288 of 2012) [2019] KEELC 1919 (KLR) (31 July 2019) (Ruling)
✦ The 2nd defendant, John Kagai, is held in contempt of court and a warrant of arrest is issued against him.
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Olympia Hospital (Kenya) Limited & another v Benjamin Akenga [2019] KEELC 2145 (KLR)
✦ The subordinate court case is withdrawn and transferred to the High Court, but will not be consolidated with the original suit.
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Kiao Water Project (sued through Ibrahim Baariu (Chairman), Miriti M’ikenda (Secretary) and Josphat Kiriinya (Treasurer) v Joseph Mukaria Mungania & another [2019] KEELC 2250 (KLR)
✦ The court grants an order of stay of execution pending the appeal
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BWK v Samuel Maina Kungu & 3 others [2019] KEELC 2043 (KLR)
✦ The application is incompetent and struck out with costs in favor of the 1st-3rd respondents.
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Christine Wambui Mwaura v Njambi L. K Githegi [2019] KEELC 2008 (KLR)
✦ There was a constructive trust created in favor of the plaintiff, and the defendant breached the trust by taking possession of the land.
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DOPP Investments Limited v Kenya Railways Corporation & another [2019] KEELC 1911 (KLR)
✦ The court dismissed the application to strike out the 1st Defendant's statement of defence and ordered judgment for the Plaintiff in the sum of Kshs.667,903,887/=.
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Philip Olali Ocharo v Walter Odhiambo Ogwada t/a Marowa Hardware [2019] KEELC 1855 (KLR)
✦ The preliminary objection is dismissed, and the defendant's application is allowed.
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Bishop Cornell Wagumba Opondo & 3 others v Joseph Osumba Kojo [2019] KEELC 2176 (KLR)
✦ The Plaintiffs have proved their case against the Defendant, and the Defendant's proprietary interest over the land has been extinguished.
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Reuben Mwongela M’itelekwa (suing as the Legal Representative of the estate of M’itelekwa M’mucheke Naituri alias M’itelekwa Mucheke) v Paul Kigea Nabea & 2 others [2019] KEELC 1899 (KLR)
✦ The court found that the petitioner did not exhaust available remedies and that the petition is legally incompetent for failure to specify the alleged violations.
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Madeline Ndete Mulwa Brown & another v Katelembo Athiani Muputi Farming & Ranching Co-operative Society Ltd & 2 others [2019] KEELC 2108 (KLR)
✦ The suit is struck out with costs as the dispute should have been filed in the Co-operative Tribunal.
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Divyanshu Ravinshankar Panchal v Dogo Mohamed & 7 others; David Mwakondo Maganga(Interested Party) [2019] KEELC 2088 (KLR)
✦ The court allows the Notice of Motion dated 11th September 2017 in terms of prayers (c) and (d).
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David Sikuku Kones v Bashir Towet Chemaswet & another [2019] KEELC 2024 (KLR)
✦ The application is granted, and the suit is fixed for hearing by consent of the parties in open court.
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Daniel Muema Maithya (Suing as the personal representative of the Estate of Maithya Masithe (Deceased) v Michael Malombe & another [2019] KEELC 1921 (KLR)
✦ The court finds that the Plaintiff's claim to parcels 169 and 1018 is not valid as there is no evidence showing they were hived from parcel 161 or allocated to the Plaintiff's father during the adjudication process.
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Babs Security Services Limited v City Council of Nairobi [2019] KEELC 2033 (KLR)
✦ The court dismisses the application and finds no sufficient reasons to warrant the reinstatement of the suit.
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Davis Mwalimu Mwangeka v Kenya Ports Authority & another [2019] KEELC 1803 (KLR)
✦ A temporary injunction is granted to the plaintiff pending the determination of the suit.
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Samuel Gaichu Rinjeu v Mitambo Mangaara [2019] KEELC 1959 (KLR)
✦ The court dismisses the appeal, with costs to the Respondent
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Moses Kipkurui Bor v John Chirchir [2019] KEELC 1971 (KLR)
✦ The application is dismissed as time-barred and the plaintiff did not comply with procedural requirements.
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John Okumu Odulla v John Owuor Osore [2019] meKLR [2019] KEELC 2199 (KLR)
✦ The court allows the Plaintiff's motion to set aside the order of March 20, 2017 and reinstate the suit, but the Plaintiff must pay the Defendant Kshs. 20,000 in throwaway costs within 30 days.
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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.
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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.