Kenyan case law
-
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.
-
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.
-
Jackson Ekim Omaido v Lucia Ngaira Omunga & 11 others [2021] KEELC 1691 (KLR)
✦ The application is granted in terms of prayer no (3) thereof, and the costs of the application shall abide the costs of the appeal.
-
Dennis Odiwuor Opija v Mike Otieno Oranga [2021] KEELC 4764 (KLR)
✦ The court ordered the Deputy Registrar to urgently call for the original record and a certified copy of proceedings and determination in Oyugis SPM’s Court Succession Cause number 68 of 2012 within 30 days from the date of this order.
-
Abubakar Yusuf v Samir Abdulwahid Miran [2021] KEELC 1955 (KLR)
✦ The application for stay pending appeal is granted subject to the applicant paying the old rent of Kshs. 1,500/= every month and depositing the balance, which is Kshs. 5,500/=, in a joint interest earning account to be held by the respondent and counsel for the applicant.
-
Job Otieno & 2 others v Sukari Industries Ltd & 2 others [2021] KEELC 4763 (KLR)
✦ The court has jurisdiction over the petition and the petition is merited.
-
County Executive Member for Lands, Housing, Physical Planning and Urban Development Uasin Gishu County Government & another v Benard Gikundi Mwarania [2021] KEELC 1949 (KLR)
✦ The court admitted the applicants' appeal out of time and granted an order of stay of proceedings pending the hearing and determination of the appeal.
-
RJF Kenya Limited v Gulf Energy Limited [2021] KEELC 1717 (KLR)
✦ The court found in favor of the plaintiff, ordering the cancellation of the defendant's title and granting a permanent injunction against the defendant.
-
M A Mwinyi Advocate v Matano Mwasina [2021] KEELC 1953 (KLR)
✦ Application dismissed with costs
-
Meresa Akello Tingo (Suing as administrator of the estate of Tingo Nyamatiko - (Deceased) v John Itembe Mucheria [2021] KEELC 1877 (KLR)
✦ The court granted the temporary injunction restraining the respondent from continuing to trespass on the suit property
-
Lilian Chepkorir Lelei v Richard Kipchirchir Nyango [2021] KEELC 1948 (KLR)
✦ The application is dismissed with costs.
-
Richard Namin Kipsoi & 2 others v Eliud Emojong & anotther [2021] KEELC 1677 (KLR)
✦ The plaintiffs' claim is dismissed. The defendants have acquired by way of adverse possession the land parcel and their interests in the land have been extinguished by operation of the law. The plaintiffs shall execute the relevant documents to transfer the land in the joint names of the defendants within 30 days of the judgment or the Deputy Registrar shall do so on behalf of the plaintiffs.
-
Irvine Mwenda Japhet v Wilberfrce Micheni & another [2021] KEELC 1568 (KLR)
✦ Leave is granted to withdraw the interlocutory application
-
Jacinta Pere & another v Lukas Kibengwa Okara t/a Kenagwa Enterprises & another [2021] KEELC 1853 (KLR)
✦ The appeal is dismissed with costs, as the trial court's judgment was not set aside due to new and important evidence, and the delay in filing the application for review was inordinate and inexcusable.
-
Peter Gathigi Marigi v District Land Surveyor, Kajiado & 3 others [2021] KEELC 1864 (KLR)
✦ The court found in favor of the Respondents, ruling that the Petitioner's claim is not valid as the suit land is not a resultant subdivision of Kajiado/Olchoro Onyore/96.
-
Jenipher Akinyi Omondi v Andrew Anyiko Asindi [2021] KEELC 1998 (KLR)
✦ The plaintiff has proved her case and is entitled to the orders sought, including the extinguishment of the defendant's right over the land and the plaintiff's right to the land.
-
Annah Getrude Ochieng (Suing As A Personal Representative of the Estate of the Late Paulo Enos Ochenga (Deceased)) & 6 others v Frankline Opiyo Mugena [2021] KEELC 1850 (KLR)
✦ The court finds that the plaintiffs' case is proved on a balance of probabilities that the defendant's land parcel No. 12807 has encroached onto the plaintiffs' side of the land. The defendant's counter-claim is dismissed. The court orders a permanent injunction, cancellation of the defendant's title, resurvey, and cost sharing.
-
Republic v National Land Commission & another Ex Parte Ivan Madegwa; Kamau Mbugua (Interested Party) [2021] KEELC 1874 (KLR)
✦ The ex parte Applicant is not entitled to the Judicial Review orders sought.
-
Leah Egehiza Masidza (Suing as the widow and personal representative of the late Clement Festus Masidza – Deceased) v Alice Nanjala Wafula & 4 others [2021] KEELC 1627 (KLR)
✦ The Court dismissed the Counter-Claim of the 1st defendant and ordered the 2nd and 3rd defendants to file a joint statement of defence.
-
Njurukani & 2 others v Barasa (sued as personal representative of Barasa Waswa (Environment & Land Case 23 of 2016) [2021] KEELC 1 (KLR) (20 September 2021) (Judgment)
✦ The plaintiffs' claim is dismissed. The land parcel is declared the property of the defendant. The defendant is ordered to register as the proprietor. The plaintiffs are ordered to vacate the land within three months or be evicted. They are also restrained from trespassing and prejudicial acts.
-
Joyce Wangechi Ruga v Philip Ole Sronka & 4 others; Kenya Electricity Transmission Company Limited (Interested party) [2021] KEELC 1813 (KLR)
✦ The Plaintiff has established a prima facie case to warrant the orders sought.
-
John Walobwa Rajula v Demitila Oyoyo & another [2021] KEELC 1969 (KLR)
✦ The application is allowed, and the suit is struck out with costs to the defendants. The plaintiff is not declared a vexatious litigant.
-
Eva Hellen Micere Mugera v Charity Wairimu Mwangi & another [2021] KEELC 1923 (KLR)
✦ The application for a temporary injunction is allowed.
-
Peter Mbwe Kibiriti v Board of Management, Kabare Girls Secondary School & 6 others; Milka Muthoni Wagoko (Interested Party) [2021] KEELC 1947 (KLR)
✦ The suit is not properly before the court and is liable to be struck out due to the limitation period.
-
Sankale Alfred Karasha v Siimon Joseph Karasha [2021] KEELC 1978 (KLR)
✦ The Court finds in favor of the Applicant, confirming adverse possession and granting the requested orders.