Kenyan case law
-
Kennedy Okari Orogo v John Martin Bongwe & another [2017] KEELC 2175 (KLR)
✦ The court finds the defendant's counterclaim lacking in merit and dismisses it with no order as to costs.
-
Jason Gitimu Wang’ara v Martin Munene Wang’ara & 14 others [2017] KEELC 2075 (KLR)
✦ The application is dismissed with costs to the Defendants/Respondents and the Intended interested party.
-
Alex Gichira Mwatha v Samuel Mwangi Shabana [2017] KEELC 2040 (KLR)
✦ The appeal is dismissed with costs as the trial magistrate correctly held that he had no jurisdiction to determine the border between the parcels as the boundary had not been determined by the Registrar as required by Section 21(2) of the repealed Registered Land Act.
-
Pauline Kanyiba Njogu v Wanjao Mwarano & 3 others [2017] KEELC 3789 (KLR)
✦ Judgment for the Applicant, ordering the infringement of her rights to own property, quashing the orders issued in the 1999 suit, and reinstating the register to reflect the Applicant as the registered proprietor of land parcel No. MUTIRA/KAGUYU/3216.
-
Lawrence Sese & 6 others v Jeremiah Otieno Okenye & another [2017] KEELC 2206 (KLR)
✦ The plaintiffs failed to prove their case against the defendants on a balance of probabilities, and the suit is hereby ordered dismissed.
-
Nelson Ngirigacha Kimanga v Nancy Wangechi Githugu & another [2017] KEELC 2049 (KLR)
✦ The appeal by the Appellant with respect to land parcel MUTIRA/KIANJEGE/385 is dismissed. His appeal with respect to land parcel MUTIRA/KIANJEGE/359 is allowed to the extent that a portion measuring 0.41 hectares be transferred to him in accordance with the orders of Okubasu J. (as he then was) issued on 4th October 1982 in Nyeri HC.C.C No. 25 of 1978. The remainder to revert to Nancy Wangechi Githugu. The caution placed against that land parcel to remain pending the excise of the 0.41 hectares.
-
Karen Blixen Coffee Garden & Cottages Limited v Tamarind Management Limited [2017] KEELC 2172 (KLR)
✦ The court orders that all disputes, claims, controversies, and disagreements in the three consolidated suits be referred to arbitration within the framework of the sub-lease clause.
-
Nicholas Ochieng Onyony v Kennedy Okwanyo Ojwang [2017] KEELC 2184 (KLR)
✦ The appeal is dismissed, and the order for eviction and demolition is upheld
-
Sammy Magera v Kuria Kiarie & 2 others [2017] KEELC 2189 (KLR)
✦ The court finds the defendants are trespassers on the suit property and issues a permanent injunction against them.
-
Republic v Meru County Government Ex-Parte Bernard Mwongela [2017] KEELC 2111 (KLR)
✦ The application is allowed. The Notice to be filed and served within 7 days.
-
Elijah Njeru Mugo & another v Njiru Samwel M’rwingo [2017] KEELC 2056 (KLR)
✦ The defendant's application to set aside the judgment dated 12th March 2014 and consequential orders is allowed. The restriction placed on the suit land by the defendant's daughters is ordered to be removed.
-
Peter Njogu Karanu & 4 others v Nyakinyua Mugumo Trees Co.Ltd & 2 others [2017] KEELC 2147 (KLR)
✦ The court dismisses the Notice of Motion and orders the petitioners to bear the costs.
-
Amos Kipkorir Buttit & 2 others v Bank of Africa Kenya Ltd [2017] KEELC 2171 (KLR)
✦ The application for an injunction is allowed, and the status quo is maintained pending the hearing and determination of the suit.
-
Grace Wanjira Mitambo v Kirinyaga County Council & another [2017] KEELC 2044 (KLR)
✦ The exchange of land between the deceased and the Kirinyaga County Council was valid, and the Petitioner's right to sub-divide and sell the suit property was extinguished.
-
Marclus Kiranga Nimrod & another v Nessy Kuthii Justus & another [2017] KEELC 2067 (KLR)
✦ The 1st plaintiff's Notice of Motion is allowed with specific terms
-
Aisha Mbarak Abdulrizeg v Kahindi Ngoma Mzuka & another [2017] KEELC 2182 (KLR)
✦ The Plaintiff is to be refunded the current Market Value of LR No. Kilifi/Mtwapa/486 new No. 782 (minus any development thereon) Less the balance of the unpaid purchase price of Kshs 460,000/=
-
Phineas Isaiah Nyaga v Charles Njagi Ireri [2017] KEELC 2140 (KLR)
✦ The suit did not abate and was dismissed on 18th September 2002. The Applicants are not entitled to an order for revival of the suit.
-
Joseph Indeche Khamaluli v Tom Seru Achesa [2017] KEELC 2047 (KLR)
✦ The appeal is dismissed for lack of merit.
-
Abdia Nurow v Issack Eden Gonjobo (Civil Appeal 5 of 2015) [2017] KEELC 1060 (KLR) (27 July 2017) (Ruling)
✦ The appeal is dismissed for want of prosecution.
-
A S M v O A G [2017] KEELC 2035 (KLR)
✦ Petitioner's claims are dismissed. Patient is declared mentally ill. No appointment of guardian or manager. Rent to be deposited in a special account pending final orders.
-
Abdia Nurow v Issack Eden Gonjobo (Civil Appeal 3 of 2017) [2017] KEELC 1237 (KLR) (27 July 2017) (Ruling)
✦ The application is struck with no order as to costs.
-
Abdullahi Yussuf Farah v Hussein Daldal & 18 others (Environment & Land Case 28 of 2017) [2017] KEELC 729 (KLR) (27 July 2017) (Ruling)
✦ The application is dismissed with costs, and the plaintiff is granted leave to amend his plaint.
-
Joyce Ningala Mwamutsi v Salim Juma Ali & another [2017] KEELC 2199 (KLR)
✦ The court found that the Plaintiff is the rightful owner of the disputed land and granted an interlocutory mandatory injunction.
-
Robert Muchangi & Edsor Kathuni v County Government of Tharaka Nithi (Environment & Land Case 42 of 2017) [2017] KEELC 2077 (KLR) (27 July 2017) (Ruling)
✦ The consent order is adopted as an order of the court, and the parties are ordered to fully comply with Order 11, CPR within 60 days of today.
-
Karim Amirali Abbany v Ivan R & another [2017] KEELC 2188 (KLR)
✦ The Plaintiff's claim for encroachment is dismissed as he should have carried out due diligence before purchasing the land.