Kenyan case law
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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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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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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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Jacob Osuru v Beatrice Asino Odwako [2021] KEELC 1855 (KLR)
✦ The application is certified urgent and the stay of execution of the decrees is granted
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Aneriko W. Simiyu v Redemptor N. Simati [2021] KEELC 1644 (KLR)
✦ The Notice of Motion is hereby struck out as the proper procedure for challenging the Deputy Registrar's decision is not followed.
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Addah Nduta v Nellie Apartments Limited [2021] KEELC 1753 (KLR)
✦ The court ordered the Plaintiff to pay rent in arrears and the balance of the purchase price into an interest-earning bank account in the joint names of the advocates on record, and to continue paying rent from October 1, 2021, pending the hearing and determination of the suit. If the Plaintiff fails to comply, the injunction will be discharged.
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Rachel Njoki Ng’ang’a & another v John Mwaura [2021] KEELC 1791 (KLR)
✦ The orders given on 8.6.2021 are hereby vacated with no orders as to costs. The application dated 26.1.2021 is to be listed for hearing on 27.10.2021.
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Daniel Mwita Nyaisuti v Mwita Ragita & another [2021] KEELC 1842 (KLR)
✦ The application is dismissed with costs.
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Karwitha Sella Isaac & another v Family Debtors Choice Agencies & another [2021] KEELC 1965 (KLR)
✦ The court grants the application for leave to file a notice of appeal out of time and a stay of execution.
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Esther Kathambi Delfin v M’ibeere Karaine [2021] KEELC 1997 (KLR)
✦ The defendant's title should continue to stand, recognizing the defendant as the landowner.
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Peter Kilemi M’Itimitu (Legal Representative of the Estate of M’Itimitu M’Mwithia – Deceased) v Diocese of Meru & another [2021] KEELC 1980 (KLR)
✦ The application is allowed, and each party is to bear their own costs.
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Catherine Kiende M’itonga v Lawrence Mbiti Rutere [2021] KEELC 1988 (KLR)
✦ The plaintiff's claim is dismissed with costs to the defendant.
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Kiberenge Lumbas Ngisirei v Midland Construction Company [2021] KEELC 1989 (KLR)
✦ The court dismissed the application for dismissal of the suit for want of prosecution, finding that the delay was not prolonged and inexcusable, and that justice could still be done to the parties.
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County Government of Meru v Mitunguu Market Stores Self Help Group through its Chairman Benard Mugambi & another [2021] KEELC 1986 (KLR)
✦ The appeal is dismissed with costs to the 1st respondent.
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John Muiyuro Kamau (For and on Behalf of the Catholic Diocess of Kitale) v Solmat Enterprises of Kitale & another [2021] KEELC 1952 (KLR)
✦ The court finds that the most appropriate order is to preserve the status quo of the land as at the time the application was filed.
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David Ngoge Malack & 3 others v Board of Management Nyabongo Primary School & 2 others [2021] KEELC 1934 (KLR)
✦ The application meets the threshold for grant of a temporary injunction.
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M’munoru M’kiunga v Grace Karimi Ntonja [2021] KEELC 1995 (KLR)
✦ The court dismissed the appellant's suit, finding that the respondent is the registered owner of parcel AMWATHI/MAUA/8204 and that the land settlement between the appellant and the respondent's deceased husband is valid.
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Paul Odido v Abdul Hakim Abeid & 2 others [2021] KEELC 1960 (KLR)
✦ The appeal is dismissed with costs. The trial Magistrate correctly found that the appellant did not raise any triable issues in his draft defence and that the allegation of a pending suit was false since the case had already been dismissed.
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Denish Alego Tenye (Suing on behalf of the estate of Didacus Tenye Kagose- Deceased) v Joseph Olang’o Oginga & another [2021] KEELC 1686 (KLR)
✦ The application is denied with costs.
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Josephat Thuo Githachuri v James Gaitho Kibue & another; Gladys Nduta Mbugua (Interested Party) [2021] KEELC 1951 (KLR)
✦ The court granted the application to join Mbugua Mbugua as a party and set aside the 2007 judgment.
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Elizabeth Kairigo v M’Ikiao Amuru & 6 others [2021] KEELC 1977 (KLR)
✦ The appeal is allowed and the suit before the trial court is reinstated.
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Rithara v Mwamba & 2 others (Sued as the administrations of the Estate of M'Mwamba M'Munyua - Deceased) (Environment & Land Case E013 of 2021) [2021] KEELC 1990 (KLR) (22 September 2021) (Ruling)
✦ The court grants the application for a temporary order of injunction and inhibition to protect the plaintiff's possession and development of the land for a period of one year.
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Performance Appraisal and Investment Limited v Kenneth Mburu Ndungu [2021] KEELC 1809 (KLR)
✦ The court finds the Plaintiff has not established a prima facie case with a probability of success and denies the Plaintiff's application for temporary injunction.
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Dickson Sinkeet Mapi v Naisenyu Pargarna Mutunkei [2021] KEELC 1807 (KLR)
✦ The Court denied the Plaintiff's application for a stay of the taxation proceedings pending the outcome of the appeal application.
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Brigitie Korn v Kahindi Msanzu Ndurya [2021] KEELC 1959 (KLR)
✦ The plaintiff's suit is dismissed as her evidence was not proved on a balance of probabilities.