Kenyan case law
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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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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.
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Cleophas Ngeywa v Dinah Nafula Seme [2019] KEELC 1920 (KLR)
✦ The objection to the production of the deposit slip is upheld, and the plaintiff is ordered to proceed with the documents on the record only.
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Desterio Nyongesa Wanyama v Gilbert Wesonga Mugeni & another [2019] KEELC 1926 (KLR)
✦ The appeal is allowed, the lower court's judgment and decree are set aside, and a substitution with a judgement in favour of the Appellant is made. The Appellant gets what he claims against both the 1st and 2nd Respondent on the basis of the amended plaint in the lower court. The 1st Respondent's counter-claim in the lower court is dismissed. The Appellant is awarded costs of this appeal and costs of the suit in the lower court.
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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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Christopher O Opondo v Oduku M Oduku [2019] KEELC 5069 (KLR)
✦ The application is dismissed with costs to the Plaintiff due to the omission to avail records of appeal.
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Mohamed Omar Songoro v Emmanuel Charo Tinga & 3 others [2019] KEELC 1940 (KLR)
✦ The Plaintiff's claim for the commission is dismissed as he did not provide evidence to support his claim that he was entitled to the commission from any of the Defendants.
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Lilavanti Ramniklal Raja & 2 others (Administrators of the Estate of Ramniklal Hansraj Raja - Deceased) v Commissioner of Lands & 2 others [2019] KEELC 2148 (KLR)
✦ The deceased, Ramniklal Hansraj Raja, owned the suit property prior to his death. The 3rd defendant's purported lease and transfer of lease are declared to be forgeries and the certificate of lease is cancelled.
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Pankaj Dodhia t/a P.J. Dodhia Harward v National Cereals and Produce Board [2019] KEELC 1905 (KLR)
✦ The court dismissed the applications and vacated the earlier issued injunctions, finding that the plaintiff did not demonstrate a prima facie case or threat of irreparable harm.
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Changawa Ndundo Katembo & 41 others v Kenya Airport Authority [2019] KEELC 2113 (KLR)
✦ The application for change of advocate is allowed with costs in the cause
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Peter Kimundi v Government of Makueni County; Mukaa Trading Company Limited (Interested Party) [2019] KEELC 2130 (KLR)
✦ The application has merits and the Plaintiff/Applicant is granted prayer 2 of the application with costs.
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Peter Ziro Koro & 2 others v Philiph Chilumo Mbaru [2019] KEELC 2254 (KLR)
✦ The Plaintiffs' suit and application are dismissed with costs to the Defendant.
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Barbara Ripaymonti v Neil Wade [2019] KEELC 2102 (KLR)
✦ The application is allowed, and the Defendant is granted an opportunity to amend his pleadings
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Priscillah Chepkemoi Kimeto v Jackson Chelogoi [2019] KEELC 2074 (KLR)
✦ The Application is dismissed as a mere technical error.
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Kenya Wool Investments v Chief Land Registrar, National Land Commisssion, Cabinet Secretary Treasury & Attorney General ; Dopp Investments (Interested Party ) [2019] KEELC 2059 (KLR)
✦ The suit is dismissed with costs to the 2nd Defendant and the Interested Party.
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William Kipyegon v Koken Ole Samunia (Cause 462 of 2017) [2019] KEELC 1965 (KLR) (30 July 2019) (Judgment)
✦ The sale agreement is valid, and the Plaintiff has acquired the land by adverse possession. The court enters judgment for the Plaintiff.
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Christina Barabara Malakwen (Suing as legal representative of the Estate of the late Raphael Kiptoo Biebei v Benjamin Mwale Engairo & 3 others [2019] KEELC 2018 (KLR)
✦ The court grants the application for temporary injunction to preserve the suit property pending the hearing and determination of the suit.
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Margaret Akuku Juma v William Ndinya Omollo & 2 others [2019] KEELC 2241 (KLR)
✦ The Plaintiff's case is not proved on a balance of probabilities, and the suit is dismissed with costs to the Defendants.
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Lois Chepkopus Lomur v William Lomur Maler [2019] KEELC 1868 (KLR)
✦ The court grants the plaintiff's prayer for a temporary injunction to restrain the defendant from interfering with Plot K7 Makutano Township pending the hearing and determination of the suit.
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James Mutugi Mwithi v Dedan Mugo Mwangi [2019] KEELC 2125 (KLR)
✦ The court finds in favor of the plaintiff's family, holding that they have lived on the land for over 12 years and are entitled to ownership through the doctrine of adverse possession.
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Beatrice Anyango Wanga & another v Rispa Shiundu Ong’ong’a & 2 others [2019] KEELC 5068 (KLR)
✦ The Plaintiffs' case is not proved to the standard required for proof of fraud and the suit is dismissed.
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Anne Wambui Githuri v Makfam Investments Limited & 2 others [2019] KEELC 1875 (KLR)
✦ The court directs the 1st Defendant to specifically perform its obligations under the sale agreement within 30 days, and grants the Plaintiff's prayers (a) and (c) of the Amended Plaint together with costs.
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Daniel Bernhard Reinhard & another (Suing through their Attorney Joyce Reinhard) v Damaris Nthenya & another [2019] KEELC 2174 (KLR)
✦ The application for stay of execution is dismissed. The plaintiff's application for assistance from the National Police Service is allowed.
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Jackson Oduori Okwaro v Ali Malala Wamukoya [2019] KEELC 5071 (KLR)
✦ The application is meritorious and the amendment is allowed
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Martin Guya Ouko v Aguga Adundo & 2 others [2019] KEELC 1863 (KLR)
✦ The court allows the application and sets aside the ex-parte judgment and eviction orders. The applicant's draft replying affidavit is deemed to have been filed within time and to form part of the court's record. The costs of the application are provided for.