Kenyan case law
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Michael Thoya Mbwana v Hussein Karimbhai Anjarwalla & another [2020] KEELC 1844 (KLR)
✦ The application is dismissed with costs.
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Maua Komo Muli v Kenya Wildlife Services [2020] KEELC 2172 (KLR)
✦ The Appeal is dismissed with costs.
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Republic v Land Disputes Tribunal, Nuu Division, Mwingi District; Wambua Mutui & another (Interested Parties) Ex parte David Kalii Munyao [2020] KEELC 2148 (KLR)
✦ The Ex-parte Applicant's application is dismissed with no order as to costs.
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Michael Muohi Gatune & 9 others v Luka Kimeu Mutevu & 6 others; Royal Capital Limited (Interested Party) [2020] KEELC 2156 (KLR)
✦ The defendants shall vacate and handover the suit properties within 90 days, and a permanent injunction is issued to prevent the defendants from re-entering the properties.
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Republic v Katelembo Athiani Muputi FCS Limited & another; Meshack Mutua & another (Interested Parties) Ex Parte Johnson Musau Muindi [2020] KEELC 2107 (KLR)
✦ The Court finds that the 2nd Respondent did not have jurisdiction to determine the dispute and that the hearing was sub judice. The decision of the 2nd Respondent is quashed.
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Mwadumbo & Co. Advocates v Sarah Nyiva Hillman [2020] KEELC 2132 (KLR)
✦ The Notice of Motion dated 23rd October, 2019 is dismissed with costs. The Bill of Costs herein to be placed before the Taxing officer of the court for Taxation.
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Charles Maingi Nzini v Angelina Mukii Mutiso (Environment & Land Case 67 of 2016) [2020] KEELC 2165 (KLR) (12 June 2020) (Judgment)
✦ The Court finds that the Plaintiff has proved his case on a balance of probabilities and directs the Defendant to allow a surveyor to excise 10 acres of land from parcel Machakos/Mua Hills/902 in compliance with the agreement dated December 6, 2015.
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Barnabas Maritim v Manywele Korgoren & another; Robert Kipkoech Koskey (Interested Party) [2020] KEELC 1629 (KLR)
✦ The Plaintiff's claim is upheld, and the 1st Defendant is ordered to cancel the title deeds in respect of L.R. No. Kericho/Olokyin/1108 and issue new title deeds to the bonafide proprietors.
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Misheck Ndegwa Kiragu & 3 others v Tirus Kinyua Thumbi t/a Gaston Enterprises [2020] KEELC 2146 (KLR)
✦ The Court finds that the Applicants did not satisfactorily discharge the conditions warranting the grant of a stay of execution of the decree pending appeal.
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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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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.
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Esther Mbula Mwangangi v Nelson Mutisya Muunda & 2 others; Ngurish Investment Limited & another [2020] KEELC 2118 (KLR)
✦ Jason Ondabu cannot represent the Defendants in this case without falling into the danger of being conflicted. He can only appear in this matter as a witness, and not as an advocate for any of the parties herein.
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Joseph Karimi Muriuki v Stephen Aurelius Gachua & 3 others [2020] KEELC 1927 (KLR)
✦ The court dismissed the Preliminary Objection and granted the applicant's application.
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Joyce Njoki Mburu v David Mburu Mararo [2020] KEELC 2171 (KLR)
✦ The court found in favor of the plaintiff, declaring that she has acquired by adverse possession the portion of the suit property she is occupying and using.
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John Nganga Kibe v Rebeccah Muthoni Kiama & another [2020] KEELC 2003 (KLR)
✦ The court finds that the present suit is not the platform to ventilate the new cause of action for breach of contract. The orders sought by the 1st defendant are not available in this suit.
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Pricilla Wambui Kamau v Margaret Wambui Kamau [2020] KEELC 2155 (KLR)
✦ The plaintiff failed to prove her case on a balance of probabilities, and the suit is hereby dismissed.
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Moses Owino Odongo v Albert Onyango [2020] KEELC 1773 (KLR)
✦ The court dismissed the plaintiff's suit with costs and allowed the defendant's counterclaim.
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Nelson Nyamache Obuba v Itira Mokono Nyambwatania [2020] KEELC 1780 (KLR)
✦ The court grants the stay of execution of the decree pending the appeal.
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Jane Kendi Ikinyua v Nairobi City County; Co-operative Bank of Kenya Limited (Garnishee) [2020] KEELC 2161 (KLR)
✦ The preliminary objection is upheld, and the chamber summons dated 27th November 2017 is dismissed with costs to the garnishee and the defendant.
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Saipei Nareiyo Lemayian & 2 others v Land Registrar (Kilgoris) & another [2020] KEELC 69 (KLR)
✦ The court finds that the notice of motion dated 1st October, 2019 lacks merit and dismisses the same with costs.
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Mohan Galot v Walter Omosa Nyakundi & 21 others; Pravin Galot & 2 others (Interested Parties) [2020] KEELC 2211 (KLR)
✦ The Court allows the Plaintiff/Applicant's application to set aside the ex parte proceedings and orders made on 7th May 2020, and allows the Plaintiff/Applicant an opportunity to ventilate his issues.
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Kenneth Kinoti Muriuki & 4 others v Dinara Developers Limited & Aanother [2020] KEELC 2027 (KLR)
✦ The Court does not have jurisdiction to hear and determine the matter
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Toncap Investment v Luore Management [2020] KEELC 1695 (KLR)
✦ The court clarified that the Ksh 300,000 deposit was to ameliorate the respondent's costs, not to determine them. The respondent's bill of costs is allowed to proceed for taxation.
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David Musau Wambua v Samuel Kisigei Lasoi & 2 others [2020] KEELC 1646 (KLR)
✦ The court found in favor of the plaintiff, David Musau Wambua, and ordered the registrar to rectify the register to reflect the plaintiff as the legally registered proprietor of the suit property.
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Kamongo Farmers Co-operative Society Ltd v Chief Land Registrar & 8 others [2020] KEELC 2166 (KLR)
✦ The court orders a stay of proceedings in respect of the suit pending the outcome of the Court of Appeal, Nairobi Civil Appeal No. 2 of 2019.