Kenyan case law
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Philipine Wambogo Kibuchi, Thomas Murage Kibuchi, Siethelina Wanjiru Kibuchi, Rachel Wanjiru Kibuchi, Bibiana Michere Kibuchi & Arch Angel Mwai Kibuchi v Mary Wanjiru (Sued in her personal capacity and as the administrator of the Estate of Karira Karolina alias Karira Kibuchi), Lydia Wachora Karira, Angekina Wanjiku Karira, Charles Gichira Karira, Anastasia Wambui Karira, Auralia Njoki Karira, Penina Wangithi Karira, Francis Warui Karira, John Muriuki Karira, Joseph Mbiti Karira & Veronica Muthoni Karira (Environment & Land Case 49 of 2019) [2020] KEELC 1929 (KLR) (5 June 2020) (Ruling)
✦ The application is allowed, and the temporary injunction orders issued on 21st November 2019 are confirmed pending the hearing and determination of this suit.
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Mavoloni Company Ltd v Land Registrar - Thika & 14 others [2020] KEELC 2265 (KLR)
✦ The court finds the application incompetent and dismisses it with costs to the Plaintiff and the 5th Defendant
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Nancy Muthoni Macere (Suing as the legal representative of the Estate of Peter Macere Kamundo (Deceased) v Kirinyaga County Government & another; Michael Muthui Mwangi (Interested Party) [2020] KEELC 1933 (KLR)
✦ The applicant is granted leave to file an appeal within 14 days, a stay of execution for 12 months, and a security deposit of Ksh. 100,000 in a joint interest earning account.
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Kimuu Njiru (Suing as Representative of the Estate of Njiru Kimuu (Deceased)) v James Njiru Kimuu & 9 others [2020] KEELC 1896 (KLR)
✦ The court declares the transfer and sub-division of the land invalid and orders the 9th defendant to cancel the land parcel numbers and revert the land to the deceased Njiru Kimuu.
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Julius Mutie Mutua & 2 others v East Africa Portland Cement Co. Ltd & 3 other [2020] KEELC 2250 (KLR)
✦ The plaintiffs failed to prove that the defendants or their agents committed the alleged acts of contempt.
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Margaret Ringa P.M. Gitonga & another v Jacinta Njoki Wahogo & 6 others [2020] KEELC 2260 (KLR)
✦ The Court dismisses the Plaintiffs' Amended Plaint with costs.
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Erdemann Property Limited v Safaricom Staff Pension Scheme Registered Trustees [2020] KEELC 2134 (KLR)
✦ The Plaintiff's Application for a temporary injunction is allowed.
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Johnson Gacau Kibera v Lawrence Maina Mwangi [2020] KEELC 2262 (KLR)
✦ The court grants the defendant's application to set aside the interlocutory judgment and grant leave to defend the suit.
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James David Gathuri v Elaine Njeri & 8 others [2020] KEELC 2242 (KLR)
✦ The Plaintiff/Applicant's Application is allowed in terms of prayer Nos. 2 and 3 of the said Application with costs. The Application dated 1st October 2019, by the 1st and 2nd Defendants is dismissed entirely with costs to the Plaintiff/Respondent.
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Judith Walekhwa v Ronald Olunga & 2 others [2020] KEELC 2106 (KLR)
✦ The Court grants the extension of time for filing the Notice of Appeal and the Memorandum of Appeal
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Mary Wangui Karanja & another v Joseph Njenga & 2 others [2020] KEELC 2129 (KLR)
✦ The court dismissed the applicant's reference, finding that the applicant did not satisfy the criteria upon which a superior court exercises jurisdiction to set aside a decision of the taxing officer in relation to an award in a bill of costs.
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Mwangi Stephen Muriithi v Daniel T. Arap Moi & another [2020] KEELC 2248 (KLR)
✦ The court finds no merit in the application and dismisses it with costs to the defendants.
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Advancing His Kingdom International v Nyala Estate Limited & 2 others [2020] KEELC 2266 (KLR)
✦ The Court finds that the Plaintiff has proved its case and is entitled to the prayers as sought in the plaint, with costs.
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Albert Fred Ekirapa v Nyongesa Sirari & 5 others [2020] KEELC 2307 (KLR)
✦ The amended application is misconceived, without merit, and is hereby dismissed. Parties to meet their respective costs of the application.
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Peter Mwangi Kabue v Rural Electrification Authority [2020] KEELC 2292 (KLR)
✦ The application is dismissed with costs to the Respondent
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Prairie Co-operative Society Limited v Kuria Gitonga & 7 others [2020] KEELC 2233 (KLR)
✦ The application is dismissed as the standard of proof required in contempt proceedings has not been met.
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Ali Lekolela Montet v Rigogo Chonjo Farmers Co. Ltd (Environment & Land Case 102 of 2013) [2020] KEELC 2131 (KLR) (4 June 2020) (Judgment)
✦ The court orders the defendant to vacate the plaintiff's land within 60 days, awards mesne profits, and issues a permanent injunction.
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Mary Wambui Gaitho & 203 others v Utheri wa Lari Company Limited & 11 others [2020] KEELC 2268 (KLR)
✦ The preliminary objection is dismissed as the defendants have availed a certified extract of title.
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Miraflores Apartments Limited v Caleb Akwera & anothers [2020] KEELC 2232 (KLR)
✦ The court finds the conveyance illegal and fraudulent, and the plaintiff is the lawful owner.
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Christine Oyende & another v Henry Makhumbiri Mukolwe [2020] KEELC 2304 (KLR)
✦ The plaintiffs' claim is dismissed as there was no fraud pleaded nor proved, and the claim based on fraud was filed out of time.
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Monicah Nafula Adui & another v Leonard Otuba Sanya [2020] KEELC 2305 (KLR)
✦ The application is dismissed with costs to the respondent
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Milka Nyakio Kanyari v Esther Nyambura Richu & another [2020] KEELC 2234 (KLR)
✦ The court finds in favor of the plaintiff, declaring that the late Wanjiru Kairu is entitled to a 1/2 share of the property and ordering the cancellation of the register and rectification to reflect the plaintiff's and 2nd defendant's shares.
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Kamuthi Farmers Co-operative Society Ltd v Nairobi City Conty; Archdioces of Nairobi (Kahawa West Catholic Church) & 18 others (Interested Parties) [2020] KEELC 2253 (KLR)
✦ The court finds that Kahawa Farmers Co-operative Society Limited held portions of LR No. 71/7 in trust for the defendant and the conveyance of LR No. 71/7 to Kamuthi Farmers Co-operative Society Limited was void.
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James Thendu Gitau & another v John Nginga Magecha [2020] KEELC 2263 (KLR)
✦ The appeal is partially allowed, with costs to the Appellants, and a temporary injunction is issued against the Defendant/Respondent, his agents, servants, and anyone claiming under him from excavating building materials, digging, charging, leasing, selling, and interfering with the land parcels pending the hearing and determination of the suit.
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Rose Wambui Njuguna v Jane Nyambura Kimuchu & 2 others [2020] KEELC 2261 (KLR)
✦ The sale agreement dated 30th July 2009 is not valid and enforceable as it does not measure up to the standards of the agreement as contemplated under the provisions of Section 3(3) of the Law of Contract Act, Cap 23 Laws of Kenya.