Kenyan case law
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Christopher Kurutyon Lonyala & 26 others v Cabinet Secretary Ministry of Lands and Settlement & 10 others; Ekitale Ekal Lodio & 11 others (Interested Parties) [2020] KEELC 3965 (KLR)
✦ The petition must identify constitutional issues.
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Muiruri David Mwangi v Rose Njoki Mwangi & another [2020] KEELC 2315 (KLR)
✦ The Court found that the learned trial Magistrate did not err in law and in fact by granting injunctive reliefs as against the Appellant in respect to Plot 361/Residential Olekasasi T. Centre pending the hearing and determination of the lower court suit.
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Catholic Diocese of Muranga v Manasses Duncan Wachira & 2 others [2020] KEELC 1922 (KLR)
✦ The application for stay of proceedings is dismissed.
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Republic v Chief Land Registrar & 2 others; James Ndungu Kabiru (Interested party), Ex-parte Jamii Bora Bank [2020] KEELC 1982 (KLR)
✦ The Court granted the Ex-parte Applicant leave to commence Judicial Review proceedings for an order of mandamus to compel the 2nd Respondent to transfer property Land Reference No. MWEA/MUTITHI/121 to the Interested Party.
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Liyavo Farmers Coop Society v Rosemary Wamboi Kamau & 7 others; Area Member of Parliament Kwanza & another (Interested Parties) [2020] KEELC 2127 (KLR)
✦ The application is dismissed with costs as the suit is not time barred and is not res judicata.
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Peter Njuki Ngarira v Lugard Muriuki Ngeeni & 3 others [2020] KEELC 1920 (KLR)
✦ The court found fraud and ordered the cancellation of the title deeds issued to the 1st and 2nd defendants.
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Daniel Kyalo Lua & another (suing as the administrators of the Estate of James Lua Maia) v Richard Manthi Muindi [2020] KEELC 2355 (KLR)
✦ The suit is hereby struck out with costs to the Defendant/Applicant.
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Njeru Mwaniki v County Government of Kirinyaga & 3 others [2020] KEELC 1948 (KLR)
✦ The plaintiff's claim is statute barred, and the Preliminary Objection is merited.
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Agricultural Development Corporation v Michael Wangila Makawa & 159 others [2020] KEELC 2206 (KLR)
✦ The preliminary objection is upheld, and Lands Limited is ordered to be joined as a co-plaintiff alongside the existing plaintiff.
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Michael Bett Siror & another v National Land Commission & another; Stephen Sugut & 12 others (Interested Parties) [2020] KEELC 2201 (KLR)
✦ The application is dismissed as without merit, and the court finds that the costs of the application will be in the cause.
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Johnstone Mutisya Kiamba v Cabinet Secretary, Ministry of Lands & Housing & another; Batholomew Nguthi Makau (Interested Party) [2020] KEELC 2301 (KLR)
✦ The proceedings in Appeal 2 of 2001 are null and void, and the title is impeachable.
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Benard King’ola Mutungi & another v Ngusye Mutungi & another [2020] KEELC 2291 (KLR)
✦ The Plaintiff's suit is incompetent and fatally defective for lack of the requisite locus standi.
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Beatrice Akelo Mboya & 2 others v Joshua Mboya [2020] KEELC 2203 (KLR)
✦ The application has no merits and is hereby dismissed with costs to the respondent.
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Benjamin Kiprop Chelimo v Ezekiel Cheruiyot Chelanga [2020] KEELC 2199 (KLR)
✦ The court finds that the defendant has trespassed onto the plaintiff's land by encroaching on 2.17 acres.
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Jane Njeri Muriithi (suing as the Administrator of the Estate of Muriithi Ngari Mbaru alias Titus) v Peter Githinji Muthigani [2020] KEELC 1908 (KLR)
✦ The application is dismissed as the respondent has not shown that the interested parties were not aware of the case and the respondent's remedy lies with pursuing a refund from the applicant.
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Republic v District Commissioner - Makueni District; Ronald Musau Ngao & 2 others (Interested Parties) Ex Parte Alfonce Muli Kulemba (Legal representative estate of James Kulemba Kithambi) [2020] KEELC 2282 (KLR)
✦ The Ex-parte Applicant's motion fails as there is no evidence of the District Commissioner acting in excess of jurisdiction, and the Ex-parte Applicant lacks locus standi.
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Oliver Gachuhu v Peter Wamwaki Gichimu & another [2020] KEELC 2178 (KLR)
✦ The court held that the 2nd defendant, Peter Gachuhu Njoroge, was not to hold the land in customary trust for the plaintiff after the demise of Ephantus Njoroge. The court also found that the land was fraudulently and irregularly transferred by the 2nd defendant to the 1st defendant. The plaintiff is not entitled to be registered the proprietor of the suit land by virtue of adverse possession.
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Josephat Musya Mutalia v Thomas Mumo Mwongela [2020] KEELC 2361 (KLR)
✦ The Plaintiff/Applicant has not acquired the land through adverse possession and his only remedy is a refund of Kshs 290,000/= as per the provisions of section 7 of the Land Control Act.
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Rajni Kant Nathoo v Edward Nthuli & 4 others [2020] KEELC 2341 (KLR)
✦ The Plaintiff’s application to amend his re-amended Plaint to substitute the 4th Defendant with the National Land Commission is denied as the issue had already been dealt with. The Plaintiff’s application to reopen his case for cross examination of the 1st, 4th and 5th Defendants is also denied as the 1st, 4th and 5th Defendants never testified.
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Danson Wanjohi Mithamo v Peter Kamau Kimani [2020] KEELC 1952 (KLR)
✦ The application is allowed, and the plaintiff is granted an injunction.
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Muthike Mwai & 4 others v County Government of Kirinyaga [2020] KEELC 1946 (KLR)
✦ The ex-parte judgment is set aside and the defendant is granted leave to file its defense out of time.
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Musembi Kinguta & 3 others v Henry Kavolu Ndisya & 4 others [2020] KEELC 2281 (KLR)
✦ The application for interim orders is dismissed as the arrest was not in violation of the Petitioners' fundamental rights and freedoms, and the arrest was justified for trespassing on the 1st Respondent's land.
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Joseph Mutua Zakayo v County Govt of Makueni & 9 others [2020] KEELC 2379 (KLR)
✦ The Plaintiff's failure to issue a statutory notice is not fatal, and the appropriate remedy is to deny costs to a successful litigant. The plot claimed by the Plaintiff is plot No. 290 Emali. The Plaintiff and the late Makenzi's widow are not the legal owners of the plot.
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Republic v National Land Commission Ex Parte Giraffe Estate Ltd; City County Government of Nairobi & 5 others (Interested Parties) [2020] KEELC 2364 (KLR)
✦ The application is dismissed with costs.
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James Onesmus Gitonga Weru v City Council of Nairobi [2020] KEELC 2239 (KLR)
✦ The court dismissed the plaintiff's claims and ordered the plaintiff to pay the defendant's costs.