Kenyan case law
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Zablon Adalo Ogango v Alice Musimbi & 3 Others [2013] KEELC 81 (KLR)
✦ Plaintiff has established a prima facie case and injunction is granted
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Felister Chitsaka Mwabaya v . Habib Abu Mohamed & another [2013] KEELC 88 (KLR)
✦ The Plaintiff has not established a prima facie case with chances of success and the application is dismissed.
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Francis Pius Omweri & Another v Alice Chesire [2013] KEELC 61 (KLR)
✦ The defendant is restrained from interfering with the plaintiffs' quiet enjoyment of the land.
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Sofia Ali Mbarak v Beja Salim Matemo & another [2013] KEELC 22 (KLR)
✦ The Plaintiff's claim is allowed, and the Defendants are restrained from interfering with the Plaintiff's peaceful ownership of the land and ordered to vacate the property. Special damages of Kshs. 27,675 are awarded to the Plaintiff.
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Fadhili Abdalla V Bashelalai Shekale Shelali & 2 others [2013] KEELC 15 (KLR)
✦ The order dismissing the suit on 7th February 2013 is set aside, and the suit is reinstated and heard expeditiously.
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Salama Beach Hotel Limited v Mario Rossi [2013] KEELC 110 (KLR)
✦ The Plaintiff's Application is dismissed with costs, and the Defendant's Application is partly allowed.
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Hussein Ali & 4 others v Commissioner of Lands, Land Registrar & 7 others [2013] KEELC 16 (KLR)
✦ The Plaintiffs/Respondents are guilty of material non-disclosure and the orders issued in the previous case are set aside.
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Gedion Terer v Abraham Kipruto Chumo [2013] KEELC 21 (KLR)
✦ An injunction is granted to restrain the defendant from encroaching, sub-dividing, selling, developing, or interfering with the suit land pending the hearing and determination of the suit.
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Supinder Singh Sagoo v Kenya Commercial Bank [2013] KEELC 124 (KLR)
✦ The application is allowed, and the order of dismissal is set aside. The plaintiff is entitled to a hearing and costs of Kshs. 5,000/=.
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Ngamate Wandongu v Esther Njoki Kibunja [2013] KEELC 20 (KLR)
✦ The defendant is allowed access to the land for harvesting the maize crop she planted, but must do so by December 4, 2013, and must not interfere further with the land pending the main suit.
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Soft White Beach Limited v Joseph Kashuru Mumbo & 4 others [2013] KEELC 32 (KLR)
✦ The court finds that the Plaintiff is the indefeasible and absolute proprietor of plots Chembe/Kibabamshe/651 and 652, which were a sub-division of Chembe/Kibabamshe/393.
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Jonathan Msokoa Shoka v Samuel Gona Ndoro & 2 others [2013] KEELC 90 (KLR)
✦ The Petitioner's Application is dismissed as he has not established a prima facie case with chances of success
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SAMUEL NGUGI KIMANI v NYAMBURA NJUGUNA FRANCIS KIMANI [2013] KEELC 158 (KLR)
✦ The applicant is granted a vesting order for the property L.R. No. 209/2489/23 and the Deputy Registrar is ordered to execute all necessary documents to transfer the property to the applicant.
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Stephen Kipkosgei Samoei & 61 Others v William Chepkiyeng & 21 Others [2013] KEELC 107 (KLR)
✦ Application for injunction dismissed
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Evans Mairura Omwenga v Daniel C. Chebet [2013] KEELC 98 (KLR)
✦ The plaintiff has demonstrated a prima facie case and an injunction is granted to restrain the defendant from interfering with the suit land
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Ringa Kaingu Ringa & 3 others v Yahya Said Masoud & 2 others [2013] KEELC 85 (KLR)
✦ I allow the Plaintiffs' Application dated 2nd May 2013 in terms of prayers number 3 and 4.
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Harroil Petroleum Holding Ltd v Consolidated Bank Of Kenya & Another [2013] KEELC 92 (KLR)
✦ The O.S is dismissed with costs.
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Henry Kiptalam Barngetuny v Stanley A. Ngetich [2013] KEELC 45 (KLR)
✦ The application to revive the abated suit is dismissed.
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Gedion Terer v Abraham Kipruto Chumo [2013] KEELC 24 (KLR)
✦ The application is allowed, and the orders of injunction are vacated. The application dated 28 October 2013 is directed to be re-listed for inter-partes hearing.
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Kenya Railways v Namusu Enterprises Ltd & 3 others [2013] KEELC 29 (KLR)
✦ The application is dismissed with costs to the plaintiff
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Hassan Athman Kibwana & another v Mwizagu Mwijaka & 3 others [2013] KEELC 53 (KLR)
✦ The preliminary objection is without merit and dismissed.
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John Zedekiah Makwata v Isaac Ochebo Amke [2013] KEELC 73 (KLR)
✦ Lease agreement dated 27 May 2011 is terminated. Defendant pays rent arrears from January 2012 to October 2012 (Kshs. 220,000/=.)
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Vue Taura & another v Felix Tsori Chivatsi [2013] KEELC 39 (KLR)
✦ The court strikes out the Plaintiffs' Originating Summons and each party bears their own costs.
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Hanington Malingi Janji v Katana Pekeshe & 7 others [2013] KEELC 89 (KLR)
✦ The Plaintiff's Application is dismissed with costs.
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Thomas Charo Mwaivu v Abraham Mramba In His Capacity As Overseer Of Pefa Church Malindi South [2013] KEELC 112 (KLR)
✦ The Court dismissed the Plaintiff's Application.