Kenyan case law
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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.
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Joseph Mwangi Gatimu & 6 others v Joseph Karimi Maganjo & another [2020] KEELC 1913 (KLR)
✦ The Notice of Motion dated 13th November 2019 lacks merit and is hereby dismissed with costs.
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Peter Maina Chege t/a Smart Choice Electronic Company v National Land Commission & another; Kiambu County Government (Interested Party) [2020] KEELC 2160 (KLR)
✦ The Court finds that the Ex parte Applicant has successfully established that this is a case that deserves Judicial Review Orders of Certiorari and Prohibition as prayed in the instant Application and allows the same entirely.
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Alli Juja Farmers Co. Ltd v Francis Gatua & another [2020] KEELC 2122 (KLR)
✦ The court finds that the Defendants' construction on the access road was not justified and orders its removal. The Plaintiff is entitled to costs and interest.
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James Ndegwa Ng’ang’a v Peter Kamau Kariuki & another [2020] KEELC 2045 (KLR)
✦ The application is dismissed entirely with costs to the defendant/ respondents
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Elizabeth Mumbi v Timothy Kimani Muigai & 2 others [2020] KEELC 1960 (KLR)
✦ The Application is allowed, and the Plaintiff is granted leave to reinstate the suit, the orders issued on 26th November 2018 are vacated, and the suit is reinstated for hearing and determination on merit.
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James Ngugi Kariuki v Peter Kamau Kariuki [2020] KEELC 2126 (KLR)
✦ The court ordered the Defendant to cut down and uproot the eucalyptus trees within 10 meters of the common boundary.
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Elizabeth Wambui Kiragu v Ndirangu Macharia; Tirus Kamau Mutoru (Interested Party) [2020] KEELC 2149 (KLR)
✦ The court sets aside the ex parte judgment and grants the applicant (interested party) an opportunity to defend the suit and be heard interparties expeditiously.
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Paul Ngigi Njoroge v Edward Peter Waweru Njoroge [2020] KEELC 2152 (KLR)
✦ The Court finds that the Defendant is holding the land in trust for the family and orders that the land be subdivided and transferred to the beneficiaries of the Estate of Peter Njoroge Waweru.
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Renet Runji Njeru v Justus W.Njuguna [2020] KEELC 2113 (KLR)
✦ The Plaintiff is the registered owner of the land and is entitled to the orders sought in her Plaint.
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Paul Gitau Muchina (suing on behalf of the Estate of Regina Muthoni Gitau (Deceased) v Attorney General & another [2020] KEELC 2143 (KLR)
✦ The Court held that the appeal was not complete and filed in accordance with the Civil Procedure Rules, thus the Court cannot summarily reject the appeal.
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P.N Mashru Limited v Mumbai Kajiwe & 2 others [2020] KEELC 1799 (KLR)
✦ The plaintiff acquired good title to the land and is entitled to exclusive use and occupation of it. The defendants' counterclaim is dismissed.
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NNK v JNK [2020] KEELC 2173 (KLR)
✦ The Court finds that the Plaintiff is entitled to an injunction against the Defendant's actions and orders the Defendant to refrain from selling or disposing of part of the property without the Plaintiff's consent.
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Magdalene Wanjiku Ndung’u v Jane Njoki Njuguna [2020] KEELC 2104 (KLR)
✦ The application is allowed and the court directs the parties to prepare the appeal expeditiously
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John Kamande Maringi & 2 others v Joseph Njoroge Kamau & another [2020] KEELC 2138 (KLR)
✦ The court finds the Plaintiffs have failed to prove their claim of adverse possession and dismisses the suit with costs to the Defendants.
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Dominic Mbugua Wainaina & 3 others v National Land Commission & 2 others [2020] KEELC 2015 (KLR)
✦ The plaintiffs are entitled to compensation for the land acquired compulsorily and the defendants are responsible for ensuring compensation.
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Esther Murugi Muhoi & 9 others v Jane Wanjiru Kamau & 2 others (sued in their individual capacity and on behalf of Ikinu 42 Women Maendeleo Group) [2020] KEELC 2053 (KLR)
✦ The Plaintiffs failed to prove their case on the required standard of balance of probabilities on all prayers except for taking accounts in respect of the sale by the Defendants of L.R 4953/1229.
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John Waboi Mwangi & another v Commissioner General of Prisons & 2 others; Ethics & Anti-Corruption (Intended Interested Party) [2020] KEELC 2119 (KLR)
✦ Leave is granted to the Ethics and Anti-Corruption Commission to join in the proceedings as an interested party.
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Josiah Nyika Muia v Jairo Atenya Asitiba [2020] KEELC 1998 (KLR)
✦ The court found in favor of the plaintiff on the first issue, finding the sale agreement valid. The court also found that the defendant was obligated to grant the plaintiff actual possession after the sale agreement and payment of the purchase price. The court granted the plaintiff's prayer for costs.
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John Mburu Ngure v Pauline Njoki Ngure [2020] KEELC 2121 (KLR)
✦ The Court finds that the Plaintiff has established the threshold for grant of an order of ownership by virtue of adverse possession and is entitled to the orders sought.
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Joseph Kamau Gachinga(Suing for and on behalf of the Estate of Jecinta Wambui Gachinga (Deceased) v Micheal Mungai Karanja & 2 others [2020] KEELC 2049 (KLR)
✦ The Court held that the title deed is invalid and the names of the 1st and 2nd Defendants should be cancelled from the land registry.
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Mary Njeri & another v Samuel Chomba [2020] KEELC 1909 (KLR)
✦ The plaintiffs are declared to have become entitled by adverse possession of the land parcel and are registered as proprietors.
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Josvir Traders & Agencies Limited v Geoffrey Chege Kirundi & 2 others [2020] KEELC 2133 (KLR)
✦ The application is dismissed with costs.
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Catherine Wambilyanga v Justin Syombua Musyoka & 3 others [2020] KEELC 2169 (KLR)
✦ The Application for reinstatement of the suit is dismissed but with no order as to costs. The suit stands dismissed.
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Mary Ngonyo Kiume v Charles Muisyo David,Winfred Wanjiku Maina & Machakos County Land Registrar;Exams Housing Co-Operative Society Ltd (Interested Party) (Environment & Land Case 98 of 2018) [2020] KEELC 2153 (KLR) (12 June 2020) (Ruling)
✦ PW2 can testify in the matter, and the weight of his testimony will be less than if he had not been present during the Plaintiff's testimony.