Kenyan case law
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Benmark Murikwa Nganga v Attorney General & 4 others [2019] KEELC 2132 (KLR)
✦ The Court dismissed the petition, finding that the project is within the jurisdiction of the Environment and Land Court and that the Respondents have complied with public participation requirements. The Court also ruled that the issuance of conservatory orders would prejudice the provision of a clean environment to the beneficiaries of the land fill project.
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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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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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Rebecca Chepchirchir v Stephen Tanui & 5 others [2019] KEELC 1976 (KLR)
✦ The court finds that the plaintiff is the registered owner of the land and the defendants are not bona fide purchasers for value. The court does not find evidence of adverse possession.
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Anderson Gitaari Mwangi v Roland Mbuba Mukingo & another [2019] KEELC 2131 (KLR)
✦ The application is dismissed and costs are awarded to the interested party.
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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.
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Richard Kaduki v Rose Chepkemoi Todoo [2019] KEELC 1908 (KLR)
✦ The court declares the plaintiff entitled to 1 acre of land and orders its transfer to him. The defendant is restrained from trespassing into the plaintiff's land and is ordered to pay the plaintiff's costs.
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Prishar Wambui Kaguura v Peter Waithaka Kaguura & 2 others [2019] KEELC 2103 (KLR)
✦ The Plaintiff is awarded general damages for trespass in the sum of Kshs 500,000/- in favor of the Plaintiff.
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Mukwano Distributors Limited v Seuri Legusi Sanoye [2019] KEELC 2140 (KLR)
✦ The Plaintiff is declared the bona fide purchaser for value and owner of the land. The Defendant is ordered to vacate the land and restrained from any further encroachment.
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Maurice Antony Wanjala Musee v Anna Wanyama Wanjala & 11 others [2019] KEELC 2019 (KLR)
✦ The plaintiff has established his claim on a balance of probabilities against all the defendants and that the 2nd to 12th defendants are trespassers on the suit land. The 1st defendant is not included in the description of “trespassers” but is required to pay the costs of the suit.
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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.
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Irungu Kibe v John Maina Kibe (Suing as the Legal Representative of Ruth Njeri Kibe (Deceased) [2019] KEELC 1945 (KLR)
✦ The appeal is dismissed, and the preliminary objection is upheld, leading to the dismissal of the suit in the lower court.
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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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Kenya Electricity Transmission Company Limited (KETRACO) v Valeria Helen Wangechi Kigano & 3 others [2019] KEELC 2146 (KLR)
✦ The court grants an easement to KETRACO over the suit land, allowing them to use 2.0097 acres for their work. KETRACO is also required to compensate the defendants with Ksh.10,400,000.
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Kombo Hassan Kombo v Omar Said Abdalla & another [2019] KEELC 1793 (KLR)
✦ The Plaintiff is entitled to costs of the suit, which are to be paid by the 2nd Defendant.
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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.
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Desnol Investments Limited v Lazarus Okello & 2 others [2019] KEELC 2247 (KLR)
✦ The Deputy Registrar's valuation is upheld, and the Plaintiff's request to disallow certain taxed items is denied.
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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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Peter Muiruri Nganga & 4 others (Suing as the Trustees of Disciples of Christ Foundation Fellowship v Joseph Kamau Mande & 2 others (Sued as trustees for New Covenant Disciples Church) & another [2019] KEELC 2035 (KLR)
✦ The court orders that the status quo be maintained and there be no dealings over the suit properties until the case is heard and determined.
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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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Elizabeth Tembe Masha v Michael Arina Knight [2019] KEELC 2076 (KLR)
✦ The Court grants a Temporary Injunction restraining the Defendant from evicting the Plaintiff and allowing the Plaintiff access to her home and land.
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Abud Mohamed Abud v Twahiya Mohammed Bin Abdullah [2019] KEELC 2101 (KLR)
✦ The Originating Summons is dismissed with costs to the Respondent
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Mary Odhiambo and Antony Omondi Dosio (Suing as representatives of the Estate of the late Jefitha George Odhiambo Dosio v National Land Commission (Judicial Review 3 of 2018) [2019] KEELC 1880 (KLR) (30 July 2019) (Judgment)
✦ The Court declines to exercise its discretion in favor of the Applicants and dismisses the Motion with no order as to costs.
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Michael Kipchumba v Festo Asango (Land Case 103 of 2013) [2019] KEELC 2053 (KLR) (30 July 2019) (Ruling)
✦ Application granted
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Chuka Igamba Ng’ombe Development Association v County Government of Tharaka Nithi [2019] KEELC 2128 (KLR)
✦ The application is granted, and the defendant is restrained from interfering with the monument.