Kenyan case law
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Livingstone Wandera Ogama & 3 others v David Gerson Mudibo & 4 others [2019] KEELC 1900 (KLR)
✦ The application is dismissed but the Respondents are ordered to pay costs amounting to 10,000/= to the Applicants and the suit should be prepared and made ready for hearing without further delay.
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Church of God In East Africa v Fredrick Maengwe Matara & 8 others [2019] KEELC 1884 (KLR)
✦ The order dismissing the suit is set aside and the suit is reinstated for hearing and determination.
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Sahihi Housing Ltd v Ferdinand Ndungu Waititu & 4 others [2019] KEELC 2167 (KLR)
✦ The court finds in favor of the plaintiff, awarding a permanent injunction, a mandatory order for demolition, and general damages for trespass.
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Julius Ojwang Obonde & another v Abdul Hakim Abeid & 4 others [2019] KEELC 2115 (KLR)
✦ The court finds the plaintiffs' motion devoid of merit and dismisses it with costs.
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Domitila Awuori Maero v Peter Olakhi Odongo [2019] KEELC 5072 (KLR)
✦ The application is dismissed with costs to the Respondent
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Dominic Mburu Njuguna v Peter Njuguna Gitau & another [2019] KEELC 1904 (KLR)
✦ The court granted a stay of execution of the judgment on condition that the plaintiff deposits Kshs. 1,392,000 in a joint interest earning account in the names of counsel for the applicant and the respondent, within the next 30 days, as security for the due performance of the decree.
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Kamahuha Limited v Winnie Njeri Kariuki & another [2019] KEELC 2164 (KLR)
✦ The Judge's refusal to allow the adjournment and transfer application did not give rise to a reasonable apprehension of bias.
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Olonana Limited v Mara Rafiki Limited [2019] KEELC 1941 (KLR)
✦ The court granted the Plaintiff's application to amend its Statement of Defence and Counterclaim, subject to the payment of requisite fees and the Defendant being served with the amended pleadings within 14 days.
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Joseph Kipkurui Sanga v Julius Kipngetich Kosgei & another [2019] KEELC 2320 (KLR)
✦ The court awarded a valuation of Kshs.600,000 for the land and improvements, taking into account the valuation reports and the interests of both parties.
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Lucy Wanjiru Kibisu(Suing as the administrator of the Estate of Joyce Wangari Kibisu) v Charles Miyenda Chore [2019] KEELC 2052 (KLR)
✦ The court allowed the application for eviction and ordered security for the eviction by the OCS Naishi Police Station.
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Lydia Awuor Jacka & 3 others v Concepta Masipwoni Jacka & another [2019] KEELC 1889 (KLR)
✦ The court granted the stay of execution order
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Emily Chepkorir Chepkwony v Paul Changtoek [2019] KEELC 1955 (KLR)
✦ The status quo on possession is maintained pending the hearing of the suit.
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Republic v Peter Chege Ngonyi (Subject); County Director of Land Adjudication and Settlement-Narok; Lasit Ole Teeka(Interested Party) [2019] KEELC 2311 (KLR)
✦ Application dismissed with costs as it lacks merit due to exceeding the statutory time limit for filing such proceedings.
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Carol Construction Engineers Ltd v Naomi Chepkorir Langat [2019] KEELC 1912 (KLR)
✦ The application is dismissed. The court finds that the plaintiff has no claim against the defendant's husband, the bank, and the first buyer. The correct avenue for the defendant to address any issues with these parties is to have them brought to the suit as third parties or file a counterclaim against them.
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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.
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Odera Obar & Company Advocates v Equip Agencies Limited [2019] KEELC 2229 (KLR)
✦ The advocate's notice of motion is allowed, and judgment is entered in favor of the advocate for Kshs.2,230,000 with interest at 14% per annum from 28th October 2015 until payment in full.
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Isaac Murigi Muiruri v Francis Karume & 2 others [2019] KEELC 2156 (KLR)
✦ The court declared that the suit land does not belong to Wanganga Wangombe's estate and ordered the Plaintiff to vacate the land within 90 days.
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Joseph Waiharo Kuria & another v City Council of Nairobi [2019] KEELC 2078 (KLR)
✦ The preliminary objection is upheld, and the Nairobi City County is substituted as the defendant.
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Michael Kungu Kigia v Agricultural Finance Corporation [2019] KEELC 1931 (KLR)
✦ The court finds no merit in the Appellant's notice of motion and dismisses it.
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Republic v National Land Commission; County Government of Nyeri & 8 others (Interested Parties); Exparte Ephraim Muriuki Wilson & 3 others [2019] KEELC 2022 (KLR)
✦ The application is res judicata and the applicants' request for leave to file a judicial review is denied.
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Cosmas N.E. Kathungu v Njue Kiarie & Janet Waihune Njue; National Land Commission,Chief Land Registrar, Director of Physical Planning,Director of Surveys,Embu County Government & Attorney General (Necessary Parties) (Environment & Land Case 11 of 2015) [2019] KEELC 2184 (KLR) (25 July 2019) (Judgment)
✦ The court found that Plot No. 1503 exists and that there is no overlap with Plot No. 81. The Defendants are not found to have encroached on Plot No. 1503, and the extension of Plot No. 81 boundaries was not found to be irregular. The Plaintiff is entitled to the reliefs sought.
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Alphones M. Mwakulumba v Diana Maganga & 2 others [2019] KEELC 1952 (KLR)
✦ The court finds that the agreement of sale is not lawful and binding on the Defendants, and the Plaintiff is not entitled to the reliefs sought.
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Reuben Ambaisi Nambwayo v Makolo Atundo [2019] KEELC 2189 (KLR)
✦ The court finds the application has merit and grants it on condition the applicant obtains a hearing date within 30 days.
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Asha Nasieku Teeka & David Saruni Teeka (Suing as the legal representatives of the late Ibrahim Tajeu Teeka-Deceased) v Maren Ole Pilale (Environment and Land Miscellaneous Application 3 of 2019) [2019] KEELC 1925 (KLR) (24 July 2019) (Ruling)
✦ The application to reinstate the dismissed motion is dismissed with costs.
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Mavic Investments Company Limited v Little Sheep Investments Limtied [2019] KEELC 2178 (KLR)
✦ The application is dismissed. The plaintiff/applicant has failed to demonstrate a prima facie case and the balance of convenience tilts in favor of the defendant/respondent.