Kenyan case law
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Hadiya Contruction And Minerals Ltd v Ajabu East Africa Limited & another [2017] KEELC 2219 (KLR)
✦ The court dismissed the first application to join the Kakamega County Government as an interested party and the second application to join the County Government as a defendant.
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Njeru Murugu M’gitunga & another v Kagoni Muru Njeru [2017] KEELC 2061 (KLR)
✦ The appeal is dismissed
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Janet Mwendwa v Nancy Mavutha Musyaka [2017] KEELC 2194 (KLR)
✦ The application for a Vesting Order is struck out as it is unnecessary and an abuse of the court process.
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M’Muchiri Mukindia v Josephine Mary Gaji [2017] KEELC 2085 (KLR)
✦ The appeal is dismissed for lack of prosecution
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M’nyiri Nthiga v Aphayars Kathuraku [2017] KEELC 2013 (KLR)
✦ The suit is dismissed.
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Faiza Karen Akeson v Wakf Commissioners of Kenya [2017] KEELC 2155 (KLR)
✦ The court grants the application to dissolve the Wakf
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Jerono v Mutai & 2 others (Environment & Land Case 40 of 2017) [2017] KEELC 3863 (KLR) (24 July 2017) (Ruling)
✦ The application for injunction is proper before the court, but the suit is stayed pending the hearing and determination of Eldoret Succession Cause No. 349 of 2014.
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Peter Gikamati Itanguru v Andrew Kirimi Peter [2017] KEELC 2099 (KLR)
✦ The appeal is dismissed as the suit was properly dismissed for want of prosecution
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Makupa Transit Shade Limited v County Director of Planning and Architecture, County Government Of Mombasa [2017] KEELC 1983 (KLR)
✦ The application is dismissed. Makupa appears to have an arguable case and will have an opportunity to contest the Respondent's case in the substantive motion.
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Jedrom Building and Civil Engineering Limited v County Government of Uasin Gishu [2017] KEELC 116 (KLR)
✦ Summary judgment is granted for the liquidated sum of Kshs.4,000,000 and loss of income of Kshs.56,000 per month till payment in full together with interest and cost of the suit.
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Charles Ray Coulston & 2 others v Henry Kiarie Waweru & another [2017] KEELC 2190 (KLR)
✦ The application for a temporary injunction is allowed with costs to the Plaintiffs.
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Kaibiru Makembo Karere v Joram Nthiga [2017] KEELC 2066 (KLR)
✦ The suit is dismissed.
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Loyford Gitari Leonard v Weru Tea Factory [2017] KEELC 2043 (KLR)
✦ The court granted a permanent injunction to restrain the defendant from channeling storm water from MUTHAMBI/EREGA/481 into the plaintiff's land MUTHAMBI/EREGA/940, ordered the defendant to remove the Eucalyptus trees situated on the portion of MUTHAMBI/EREGA/231 adjacent to MUTHAMBI/EREGA/940, and to erect an impenetrable fence between the two parties' parcels of land.
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Mary Kerubo Nyangena v Ondara Anyega & another [2017] KEELC 2314 (KLR)
✦ The plaintiff's suit is misconceived and raises no reasonable cause of action or triable issue, and is therefore struck out.
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James Rwenyo Nyamache v Joseph Birundu Mogendi & 3 others [2017] KEELC 2307 (KLR)
✦ Plaintiff's application to join intended interested parties is dismissed. Defendants' preliminary objection to disqualify counsel is also dismissed.
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David Bisem (Suing as the Administrator of the Estate of the Late Josiah Kibisem Sang (Deceased) v Jerotich Tabarno Sang & another [2017] KEELC 2164 (KLR)
✦ The court revives the suit against the deceased defendant's estate and orders substitution of the legal representatives.
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Arhendt Mutsanzi Mondi v Lawrence Jumba [2017] KEELC 2165 (KLR)
✦ The court finds that the plaintiff is the registered owner of the land and grants an order of eviction and permanent injunction against the defendant.
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Republic v Land Registrar Kisii District Ex-Parte Applicant Samwel Kinyinyi Maina t/a Visa Printers and Stationers [2017] KEELC 2267 (KLR)
✦ The court held that the decision to revoke the applicant's title was made without jurisdiction and without giving the applicant an opportunity to be heard, thus the decision is null and void.
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John Imbaiza Vodoye v Ann Chebet & another [2017] KEELC 2042 (KLR)
✦ The plaintiff's claim is time-barred due to the 12-year limitation period under the Limitation of Actions Act. The defendants have not established adverse possession.
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Martin Muhindi v Peter Mbuti & another [2017] KEELC 1867 (KLR)
✦ The Plaintiff/Applicant is granted a temporary injunction to restrain the Defendants/Respondents from trespassing on, wasting, constructing on, alienating or otherwise interfering with the suit plots.
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Naftali Siage Otenyo v Harrison Akeyo & 3 others [2017] KEELC 2259 (KLR)
✦ The court finds in favor of the plaintiff, declaring him the lawful owner of land parcel LR No. Central Karachuonyo/Konyango/2654 and ordering the defendants to vacate the land within 30 days.
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Acumen Properties (K) Ltd v Chairperson (sued on behalf of Mwerere Women Group) [2017] KEELC 1835 (KLR)
✦ The court finds no merit in the appeal and dismisses it with costs to the respondent.
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David Murimi Muriuki & another v Mwathi Kaba & another [2017] KEELC 2007 (KLR)
✦ The defendants' Notice of Motion is wholly lacking in merit and is dismissed
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Benjamin Omanwa Mokua v Bishendass Beri & 3 others [2017] KEELC 1851 (KLR)
✦ The Court denied the Plaintiff/Applicant's application for an order of temporary injunction and order of inhibition.
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Republic v Town Clerk & another Ex-Parte Muriithi Murage & 3 others [2017] KEELC 2029 (KLR)
✦ The Notice of Motion is dismissed. The proprietorship of the plot No. 250/92 KERUGOYA as between the deceased applicant and the interested party shall be as contained in the copy of register opened on 20th September 1973 where it is indicated that the said ownership is as 'tenants in common in equal shares'.