Kenyan case law
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Benard Mbugua Kinyanjui v County Land Registrar, Kiambu & another [2021] KEELC 1932 (KLR)
✦ The Court finds that the Respondents (Land Registrar) have supplied the documents used to effect the transfer of the suit property and that the Applicant is not entitled to the orders sought.
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Joyce Mukonyo Mutinda v Fredrick Ouma Ogol & another [2021] KEELC 1790 (KLR)
✦ The judgment is set aside due to irregular service of process.
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Leonard Mungai v Nancy Mugure [2021] KEELC 1925 (KLR)
✦ The Court finds and holds that the Notice of Motion Application is merited and the Applicant is entitled to the orders sought
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Margaret Ngina F. Mutua (Suing as the legal representative of the Estate of Alice Mwose Nzioka – Deceased) v Martin Nzioka Mutua, Josephine Mukonyo Mutua, Lukenya Ranching & Farming Co-operative Society, District Land Registrar, Machakos, Attorney General & Mamuco Sacco Limited (Environment & Land Case 72 of 2006) [2021] KEELC 1786 (KLR) (24 September 2021) (Ruling)
✦ The application for a temporary injunction restraining the 1st to 6th Respondents from dealing with the land is allowed.
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Peter Kabue Kihara & 10 others v Wanjiku Ndungu & another [2021] KEELC 1804 (KLR)
✦ The Court dismissed the Notice of Motion Application and the Notice of Preliminary Objection.
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Newton Gathungu Kibuchi v Embakasi Ranching Co. Ltd & 3 others [2021] KEELC 1755 (KLR)
✦ The lower court suit can be transferred to the Environment and Land Court as the lower court had jurisdiction when the suit was filed and the subsequent developments did not render the suit a nullity.
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Joseph Ngira Manyasi v Getrude Juma Bwire & another [2021] KEELC 1815 (KLR)
✦ The court declares that Wanjala Ngayo and the defendants hold the interest of ownership of 1/5 of land parcel No. BUNYALA/BULEMIA/361 in trust for the estate of Francis Manyasi Owuor. The court orders the County Land Registrar to rectify the register by removing Wanjala Ngayo's name and inserting the plaintiff's father's name.
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SBM Bank (Kenya) Limited v National Land Commission & 2 others; Muguga Greens Apartments Management Limited (Interested Party) [2021] KEELC 1930 (KLR)
✦ Petitioner is not entitled to the reliefs sought as the ownership issue was resolved in a previous case.
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Wilfred Gakuya Waweru v Peter Kamau Munene & 2 others [2021] KEELC 1912 (KLR)
✦ The court declines to grant the orders as sought, but orders that the 1st defendant should not sell or dispose of the suit property until the suit is heard and determined.
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Navinchandra Laiji Shah & another v County Governmemt of Kisumu & another; Kisumu City Board (Interested Party) [2021] KEELC 1879 (KLR)
✦ The Court finds that the Petitioners have a prima facie case that they acquired the suit property legally and have been paying land rates and rent to date.
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Julius Kibiwott Tuwei v Reuben Argut & 7 others [2021] KEELC 1769 (KLR)
✦ The court dismisses the application for adjournment and dismisses the suit with costs to the defendants.
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Muthini Kimonyi & 2 others v Robinson Leiro & 5 others [2021] KEELC 1973 (KLR)
✦ The court ruled that an all-embracing injunction against the 1st and 2nd defendants was not appropriate, but an inhibition was necessary to preserve the suit property.
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Mary Akinyi Ocholla & 3 others v Christine Anyango Ocholla & 4 others [2021] KEELC 1920 (KLR)
✦ A temporary injunction is issued restraining the plaintiffs, 1st and 2nd defendants from levying distress for rent arrears and interfering with the plaintiffs' quiet possession.
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Livingstone Were Mudondo v Mildred Athieno [2021] KEELC 1917 (KLR)
✦ The appeal is dismissed with costs to the respondent.
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Daniel Kabiru Ndungu & Lucy Nyambura Kabiru v Molyn Credit Limited, Wilson Kariuki t/a Wiskam Auctioners, Land Registrar & Attorney General (Environment and Land Case Civil Suit 658 of 2016) [2021] KEELC 1735 (KLR) (23 September 2021) (Judgment)
✦ The court found that the Plaintiffs had not proven that the 1st Defendant had acquired the suit property fraudulently and that the 1st Defendant had not proven its case against the Plaintiffs.
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Republic v Chairman, Rent Restriction Tribunal Ex parte George Odongo Mwimali [2021] KEELC 1958 (KLR)
✦ The court declines to grant leave to commence the proposed judicial review proceedings and dismisses the application.
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Beatrice Matoya & another vAttorney General & 4 others [2021] KEELC 1843 (KLR)
✦ The Court finds that the Commissioner of Lands acted fraudulently by failing to issue a title in the name of the three partners of Kisii Vegetable and Fruits Suppliers Store. The Plaintiffs are entitled to the reliefs sought.
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Lacton Murithi Njoka v Trustees National Social Security Fund [2021] KEELC 1733 (KLR)
✦ The court held that the defendant was not in default and that the injunction had not lapsed due to the plaintiff's default.
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Nelly Wanjiku Thiongo & 8 others v Nairobi City County Government & 2 others [2021] KEELC 1962 (KLR)
✦ The court finds that the Nairobi City County Government was a necessary party to the suit and that the plaintiffs did not have locus standi to bring the suit. The suit is therefore struck out.
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Kenyatta University & 1699 others v Kimani Mbugua & 78 others [2021] KEELC 1793 (KLR)
✦ The appeals are dismissed with costs.
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Eric Mbugua Chiira v Peter Kimani Chege & another (Sued as joint administrators of the estate of Hellen Thiira Chiira) [2021] KEELC 1720 (KLR)
✦ The plaintiff's claim for adverse possession and registration of the suit property is dismissed
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Daniel Waithanji Mwangi & 2 others v Contractors and Harvestors Limited [2021] KEELC 1749 (KLR)
✦ The court declines to grant the petitioners' request for a permanent injunction due to the exhaustion of statutory remedies
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Paul Gogo v Isaac Isaiah Onyango Pande [2021] KEELC 20 (KLR)
✦ The Plaintiff has proved adverse possession and the suit is allowed.
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Lanet Hill Company Limited v School Management Committee Lion Hill Primary School & another [2021] KEELC 1731 (KLR)
✦ The preliminary objection is rejected, and the National Land Commission is ordered to be enjoined as an interested party.
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Peter Thuo Kamau & another v Lucy Wamaitha Kiarie & 5 others [2021] KEELC 1936 (KLR)
✦ The plaintiffs' claim for adverse possession is dismissed, and they are ordered to vacate the suit property.