Kenyan case law
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Daniel Kipilat Rotich & 32 others v David Sironga Tukai & another [2020] KEELC 2057 (KLR)
✦ The originating summons complies with the Civil Procedure Rules and the preliminary objection is dismissed.
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Mbeere Elders Advisory Welfare Group (Ngome), David Miti Njuki, Njeru Banda, Eston Nyaga Nthiga & Seraphino Ngari v Attorney General & 594 others; Ambrose Kithaka Kariuki & 6047 others (Interested Parties) [2020] KEELC 2043 (KLR)
✦ The court finds that the instant application is not res judicata and that the application has not been overtaken by events. The application is not frivolous and an abuse of the court process.
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Dalmas Wamalwa v Jamin Mulongo Manana [2020] KEELC 2191 (KLR)
✦ The plaintiff's application to reinstate the suit is dismissed due to failure to file submissions within the time ordered by the court. The defendant's counterclaim is fixed for hearing on its merits.
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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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Peter Omani Obiria v Hudson Okwema & 3 others [2020] KEELC 2331 (KLR)
✦ The 3rd Defendant has locus standi and the matter is not res judicata. The Applicant is entitled to costs.
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Mutyandia Kilonzo v John Masimbi Imundi & another [2020] KEELC 2398 (KLR)
✦ The Preliminary Objection has merit and the Originating Summons is struck out with costs to the Respondents.
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Paulo Kipserem A Chepkwony alias Kipserrem Chepkwony v Annah Chebet Serem (Environment & Land Case 42 of 2014) [2020] KEELC 1597 (KLR) (28 May 2020) (Judgment)
✦ The Power of Attorney is valid, and fraud against the Defendant was not proved.
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Jackson Mwangangi King’oe v Muthiani King’oe & another [2020] KEELC 2397 (KLR)
✦ The Court held that Plot No. 164 Thange Settlement Scheme is family land and that the Defendants have irregularly been selling portions of the land.
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Republic v Japhet Mwongo Rucugo Exparte Charles Kaburia Kiunga (Legal Representative of Paul Kiunga-Deceased) [2020] KEELC 2284 (KLR)
✦ The application is struck out as an abuse of the court's process.
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Nancy Wambui Kimani v Gad Njoroge Kimemia [2020] KEELC 2063 (KLR)
✦ The appeal is dismissed with costs to the respondent.
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Ann Nyaboke Achachi & 2 others v Abel Moranga Ongwacho & 3 others [2020] KEELC 2313 (KLR)
✦ The court finds that the Petitioners are not entitled to the reliefs sought.
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Ephantus Njeru Tiras v Pauline Mutitu Kivuti [2020] KEELC 2040 (KLR)
✦ The trial court’s findings on the existence of the sale agreements and part-payment are upheld. The trial court’s order for a refund is upheld.
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Nancy Jepkurui Talai & another v Sudi Oscar Kipchumba [2020] KEELC 2108 (KLR)
✦ The court has jurisdiction to hear and determine the case as administrators must protect the estate against encroachment by third parties.
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Elmelda Kerubo Mecha v Charles Morira Mochere & another [2020] KEELC 2321 (KLR)
✦ The court grants a post-judgment injunction for 90 days pending the opening of the road of access by the County Surveyor.
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Maria Nduru M’Turuchiu v John Kirimi M’Mwenda & another [2020] KEELC 2320 (KLR)
✦ The application is allowed with no orders as to costs
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James Mayeku Makitoni & 3 others v Wenslaus Mukhwana (Suing as an Administrator of the Estate of Teresina Musebe) & 2 others [2020] KEELC 2213 (KLR)
✦ The judge directs that Mr. Godfrey Pwoka Wanyonyi present himself before the Law Society of Kenya Kitale Chapter for deliberations and conclusions over his conduct and the alleged attempt to practice without a practicing certificate. The truth of the allegations shall be ascertained.
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Alphonce Ngungi Wambua v Alphonce Ngungi Wambua & 4 others [2020] KEELC 2382 (KLR)
✦ The Plaintiff's claim is upheld, and the land parcels are to be consolidated and subdivided equally between the Plaintiff and the Defendant.
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Luka Kibegwa Okara v Nyakeyo Ayega [2020] KEELC 2316 (KLR)
✦ The Plaintiff is the registered proprietor of the suit property. The court finds that the Defendant has not entered into a valid sale agreement with the Plaintiff.
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Henry Kipngetich Terer v Cecilia Soi & Stanley Ngeno [2020] KEELC 1596 (KLR)
✦ The court finds that it has jurisdiction to hear the suit and that the 1st Defendant has a valid claim to 5 acres of the suit land.
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Njagi Kiangamwe v Winston Mugo Luka & Githumbu Njeru [2020] KEELC 2033 (KLR)
✦ The court finds that the Plaintiff has been in possession of the suit properties for a very long period of time and has not been interrupted in the legal sense.
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Dormel Gowns Ltd v Peter Mbugua Kimani [2020] KEELC 2365 (KLR)
✦ The plaintiff is not entitled to the reliefs sought and the plaintiff's suit is dismissed with costs to the defendant.
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Mwaura Karuga v Apollo J. Kharuga & another [2020] KEELC 2224 (KLR)
✦ The Appellant was not entitled to orders of specific performance as the 1st Respondent was not in breach of the Sale Agreement. The Appellant's claim for refund of the purchase price and transfer documents was upheld.
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Melton Lenkarurro & 6 others (All suing as representatives of Entarara Group Ranch) v Taiko Moriat & 4 others (All suing as representatives of Entarara Group Ranch) [2020] KEELC 2285 (KLR)
✦ Eviction orders should issue against tenants and non-members of Entarara Group Ranch from the suit land, and the Officer Commanding Loitoktok Sub County Police and the Sub County Commissioner should ensure compliance with the 2008 judgment and decree.
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Samuel Gikunda v Beatrice Mariam Ismail & 7 others; Abdulai Kirimi Munyau (Interested Party) [2020] KEELC 2356 (KLR)
✦ The applicant is enjoined in the suit as an interested party
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Peter Njogu Karanu & 4 others v Nyakinyua Mugumo Trees Co.Ltd & 3 others [2020] KEELC 2179 (KLR)
✦ Petition dismissed due to lack of supporting affidavit