Kenyan case law
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Peter Oloishorua Nkuraiyia & 3 others v Peter Kamau Ng’ang’a & 2 others [2019] KEELC 2355 (KLR)
✦ Nkuraiyia has a superior right to the suit property than Ng'ang'a and the plaintiffs in Case No. 382 of 2017.
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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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Lawrence Oteng’e Eng’orit v Owire Aluku Omung’a [2019] KEELC 2275 (KLR)
✦ The Amended Notice of Motion Application is dismissed.
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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.
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Charles Odongo Ngani v Meshack Okumu Otiende & 3 others [2019] KEELC 1854 (KLR)
✦ The plaintiff has proved his claim against the defendants on a balance of probability, and the defendants' defence fails.
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Moses Lemashon Korinko v Daniel Lekilabu [2019] KEELC 2046 (KLR)
✦ The Plaintiff has proved his case on a balance of probability and is thus the owner of LR NO. TRANS-MARA/SHARTUKA/774.
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Atanus Asienwa v Salim Asumani & 7 others [2019] KEELC 2277 (KLR)
✦ The plaintiff's claim is dismissed with no orders as to costs as he failed to establish his case on a balance of probabilities.
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James Misheni v Augustino Amos Kumaruti & another [2019] KEELC 2315 (KLR)
✦ The court dismissed the plaintiff's claim as he failed to establish continuous possession for 12 years.
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James Kaiyoni Kaikai v Daniel Leuru Kalasinga [2019] KEELC 1878 (KLR)
✦ The Application is dismissed with costs.
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Alfred Akhisero Divisi v Charles Mambili [2019] KEELC 2210 (KLR)
✦ The defendant is ordered to open the access road to the plaintiff's land L.R. Kakamega/Virembe/255 as surveyed by the government.
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John Kamakia Nthatu v Festus Kithinji Njagi [2019] KEELC 2302 (KLR)
✦ The court sets aside the dismissal order and reinstates the appeal for hearing.
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Kiboit Kosgei Chepsaigut v Cheruiyot Kimetto & another [2019] KEELC 2208 (KLR)
✦ The plaintiff is the registered owner of the suit land and is entitled to a permanent injunction and general damages for trespass.
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Patrick Ng’ang’a Kiarie v Michael Kamau Mwangi & another; Michael Kamau Mwangi & another (Interested Parties) [2019] KEELC 1953 (KLR)
✦ The application is dismissed, and the estate is advised to file a separate suit to agitate its claim of entitlement to the suit land.
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Mohamud Iltarakwa Kochale & 5 others (Suing on behalf of the residents of Laisamis Constituency and Karare ward of Marsabit County) v Lake Turkana Wind Power Ltd & 4 others; Aaron Iltele Lesiantam & 4 others (Interested Parties) [2019] KEELC 2282 (KLR)
✦ The court recuses itself from further handling the case due to the biased remarks by counsel for the plaintiffs
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Julia Aluoch Wesonga v Dorcas Odunga Ogoye & another [2019] KEELC 5067 (KLR)
✦ The Court lacks jurisdiction to entertain the Plaintiff's claim and the Notice of Motion Application is allowed.
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Rimoine Ole Sordo & another v County Govenrment of Narok & 3 others [2019] KEELC 2070 (KLR)
✦ The Preliminary Objection is dismissed with costs.
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Calistus Buhuru Shimalande v Patrick Brandon L. Mukhubi & another [2019] KEELC 2292 (KLR)
✦ The court finds that the plaintiff has proved his case on a balance of probabilities against the first defendant only and grants an injunction order to issue against the 1st defendant restraining him from trespassing onto the plaintiff's land No. Kakamega/Shikulu/278.
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Kanji Harji v Christopher Ngatia Wanjohi [2019] KEELC 2045 (KLR)
✦ The Plaintiff should be granted leave to file the verifying affidavit as sought.
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Maroa Maroa Nyamboha v Charles Onyancha [2019] KEELC 1849 (KLR)
✦ The plaintiff's case is dismissed with costs to the defendant.
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Cosmas Wafula Ngutuku v John Waithaka & 2 others [2019] KEELC 2152 (KLR)
✦ The pleadings in this matter were drawn, signed and filed by an unqualified person and are void ab initio. The application is dismissed with costs to the 1st and 2nd Defendant.
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Lernard Ole Seme & 2 others v Equity Bank (Kenya) Limited [2019] KEELC 2273 (KLR)
✦ The court lacks jurisdiction to hear the application and transfers the case to Narok High Court.
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Essolly Enterprises Limited v Benjoh Amalgamated Limited [2019] KEELC 2341 (KLR)
✦ The court dismissed the case due to lack of prosecution and procedural irregularities.
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Elishaphan Omollo Nyasita v John Ojowi Onuko [2019] KEELC 1856 (KLR)
✦ The court finds in favor of the plaintiff, Elishaphan Omollo Nyasita, on both issues and orders the defendant, John Ojowi Onuko, to vacate the suit land, pay general damages for trespass, and bear the costs of the suit.
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Enkutoto Eco Tourism Trust v Ben Topoika Kipeno [2019] KEELC 2286 (KLR)
✦ The Defendant is not the owner of the suit land and the Plaintiff is entitled to vacate the land and receive general damages.
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Johnson M’mangera Njuki & 8 others v Wellington Sanga & 13 others [2019] KEELC 2089 (KLR)
✦ The court sets aside the orders of 8 March 2019 and allows the Application to proceed for full hearing on merit.