Kenyan case law

Lydia Chepchirchir Koskei v Justus Achuka Omenyo [2019] KEELC 2147 (KLR)

✦ The court grants a stay of execution of the ruling and order pending the appeal's hearing and determination

Mohamend Abdalla Dago & 3 others v Abdul Hussein Omari Kilalo alias Kadir Hussein Omari & 7 others [2019] KEELC 1973 (KLR)

✦ The Plaintiffs' Notice of Motion is allowed on the following terms: the further amended plaint be filed and served within fourteen (14) days from the date of this ruling; the defendants have leave of fourteen (14) days from the date of service of the further amended Plaint upon them to file their amended statement of defence, if need be; the plaintiffs shall pay the costs of the application to the defendants.

Moraa Masare & 4 others v Geoffrey Matoke [2019] KEELC 2180 (KLR)

✦ The Court of Appeal is seized of the matter following the order of stay granted by this Court and consequently this Court lacks the jurisdiction to deal with the matter until the pending appeal is disposed of.

Joanes Ondego Oywech v Alex Omondi Ogolla [2019] KEELC 2127 (KLR)

✦ The preliminary objections are rejected and dismissed with costs.

Robert Adera Opiyo & another v Roseline Amondi Otieno [2019] KEELC 1932 (KLR)

✦ The court dismissed the Plaintiffs' suit and allowed the Defendant's counterclaim, declaring the Defendant as the lawful owner of the land. The court ordered the Plaintiffs to vacate the land within 30 days. The court made an order preserving the suit property until the appeal is heard and determined.

John Agwenge Chumbe v Andrew Matoka Okoko [2019] KEELC 2118 (KLR)

✦ The court has jurisdiction to hear the matter and the suit land is not under adjudication.

Raphael Mitau King’alya & another v Kilonzo King’alya & another; Mbusi Mulanga (Interested Party) [2019] KEELC 1972 (KLR)

✦ The Application is dismissed but with no order as to costs. The orders of 11th October, 2007 cannot be reviewed or set aside by this court.

Republic v National Housing Cooporation Exparte Dorine Yvonne Wangari Karanja; Moses Muriithi Wachira (Interested Party) [2019] KEELC 1811 (KLR)

✦ The court dismissed the application for leave to apply.

Kenya Anti-Corruption Commission v Ken Deep Construction Limited & another [2019] KEELC 2124 (KLR)

✦ The lease and registration are declared null and void, and the land register is to be rectified.

David Wachira Kinuu v Betty Wambui Githu; Kiambu District Land Registrar(Interested Party) [2019] KEELC 2217 (KLR)

✦ The Court finds that the Plaintiff was the legal owner of the suit property and that the Defendant's title was procured by fraud. The Court orders the cancellation of the Defendant's title and the rectification of the Land Register to reinstate the Plaintiff as the registered owner.

Alois Muia v Edward Mutinda Ndetei & another [2019] KEELC 2284 (KLR)

✦ The court grants the application for a stay of execution of the judgment and orders pending the appeal, subject to the 1st Defendant providing Kshs.200,000/= in an interest-earning account within 30 days.

Republic v District Land Adjudication Officer Kitui; Musyoka Maluki (Interested Party) Nyamai Syengo Ex- Parte [2019] KEELC 2066 (KLR)

✦ The Notice of Motion is dismissed with costs.

Rudi Marquardt Electronic Co. Ltd v Vallery Jimoi Khazalwa & 4 others [2019] KEELC 2117 (KLR)

✦ The court dismissed the Plaintiff's application to set aside the order dismissing the suit and reinstate it for hearing and determination.

Peter Kengere Manwah v Rael Otundo & 2 others [2019] KEELC 2114 (KLR)

✦ The court found in favor of the Plaintiff, holding that the 1st Defendant lacked capacity to deal with the land and that the 2nd Defendant did not acquire good title to the land.

Kenya Anti Corruption Commission v Oburu Odinga & another [2019] KEELC 1934 (KLR)

✦ The lease and registration of the land are declared null and void

Juvinalis Onsando Ogumbo v Christopher Ongaki Nyagunia [2019] KEELC 2086 (KLR)

✦ The court finds no trust in favor of the Defendant and dismisses his counterclaim. The Plaintiff is entitled to judgment and the Defendant is ordered to vacate the portion of land he has occupied within 60 days.

David Kenyanya Magare & another v Luthafal Jiwa Ranjwani & 4 others; Diamond Trust Bank Limited [Interested party] [2019] KEELC 2226 (KLR)

✦ The petition is dismissed as it does not satisfy the test of what constitutes a Constitutional Petition and is an abuse of the process of the court.

Royal Housing Co-operative Society Limited v National Co-operative Housing Union Limited & 2 others [2019] KEELC 2155 (KLR)

✦ The Plaintiff's suit is sub-judice and offends the provisions of Section 76 of the Co-operative Societies Act, and is therefore struck out with costs.

Pasha Enterprises Limited v Kenya Farmers Association Ltd & another; County Govt. of Machakos (Intended Interested Party) [2019] KEELC 2082 (KLR)

✦ The court dismisses the applications with costs, finding that the Plaintiff is the true and lawful owner of the suit land and that the Defendants and the Intended Interested Party had an opportunity to ventilate their respective positions.

David Oyiare Ntungani v Matuiya Ole Naisuaku Orket [2019] KEELC 1970 (KLR)

✦ The court allows the Plaintiff's application for eviction and orders the Defendant to give vacant possession within 7 days or be evicted in default.

Sunshine Villas Ltd v County Government of Kisumu & another [2019] KEELC 2197 (KLR)

✦ The Court granted the Plaintiff's application for a temporary injunction to prevent further demolition, damage, or interference with the Plaintiff's property on the suit land until the final determination of the suit.

Eunice Wanjiku Muigai v Gatundu Nyakinyua Co.Ltd & Lydia Wairimu Kagondo (Miscellaneous Application 4 of 2019) [2019] KEELC 2295 (KLR) (26 July 2019) (Ruling)

✦ The Court denied the application for stay pending appeal.

Daniel Kyalo Lua & another v Richard Muindi [2019] KEELC 2161 (KLR)

Joan Ludia Saka & 2 others v Pamela Getrude Otieno & 2 others [2019] KEELC 2099 (KLR)

✦ The application for a temporary injunction is granted.

Moses Mbogo Gachango & another v Ruth Wanjiru Nganga & another [2019] KEELC 2083 (KLR)

✦ The Court ruled in favor of the Plaintiffs/Applicants, striking out the later statement of Defence and Counterclaim filed by the Defendants/Respondents.