Kenyan case law
-
Haji & another v Moorhead; Kenya Wildlife Services (Interested Party) (Environment & Land Case 74 of 2019) [2021] KEELC 4787 (KLR) (31 August 2021) (Ruling)
✦ The court allows the application to grant KWS leave to be a second defendant and enjoins it from entering, remaining in, constructing, selling or dealing with the suit property.
-
Rodgers Mundu Munga v Patrick Chishenga Munga & 2 others [2021] KEELC 2082 (KLR)
✦ The Plaintiff is the registered owner of the land, and the Defendants' claim of adverse possession is rejected.
-
Benedette Mwikali Mugambi v Mark Kazungu Mramba [2021] KEELC 2130 (KLR)
✦ The court dismisses the Plaintiff's application and does not enter eviction orders.
-
Peter Birya Kalu v Sea View Properties Limited [2021] KEELC 2104 (KLR)
✦ The court denied the application for a stay of execution pending the appeal.
-
Republic v Land Surveyor, Uasin Gishu County & another Ex Parte Nathan Songok & 7 others [2021] KEELC 2175 (KLR)
✦ The court held that an order of mandamus is appropriate to compel the respondents to perform their public duty of surveying the land, as the respondents have not given a reason for their refusal to act.
-
Aspire Limited v Zedka Technical Services Limited & 2 others [2021] KEELC 2176 (KLR)
✦ The court ruled that Kitiwa & Company Advocates should not be disqualified from representing Aspire Limited.
-
Eliud Kibitok Keter & 2 others v Joseph Kipkosgei Bito & 7 others [2021] KEELC 2178 (KLR)
✦ The court set aside its order striking out the 3rd defendant's pleadings and allowed the 3rd defendant to file a defence out of time.
-
Kimitei Samoei v Michael Ngige & 2 others [2021] KEELC 2180 (KLR)
✦ The court granted a conservatory order preserving the suit land from being entered into or used pending the hearing and determination of the main suit.
-
Agripina Nekesa Wafula v Vincent Wesonga Osimata [2021] KEELC 2262 (KLR)
✦ The application is granted and an order made revoking the subdivisions undertaken on the suit title L.R BUKHAYO/MUNDIKA/329 which subdivision created L.R BUKHAYO/MUNDIKA/13998, 13999 & 14000
-
Samuel Thaci Wangi v Alex Kamau Rigaga, Loise Wanjiru Thama, Rachael Waruguru Gicheru, Agnes Wairimu Munene, Penina Wanjiku Muchiri & District Land Registrar, Kiambu (Environment & Land Case 340 of 2003) [2021] KEELC 2173 (KLR) (Environment and Land) (9 August 2021) (Judgment)
✦ The court dismissed the Plaintiff's claim and the Defendants' counterclaim, finding that the Plaintiff did not hold the Suit Property in trust for his siblings and that the Defendants had not established an overriding interest in the land.
-
Agricultural Development Corporation & another v Michael Wangila Makwa & 159 others [2021] KEELC 2207 (KLR)
✦ The court dismisses the application by the defendants and grants the application by the plaintiffs, confirming the injunction order and directing the OCS Endebess Police Station to ensure compliance.
-
Joseph Wanyama Kibira v Board of Management St. Teresa Secondary School & another [2021] KEELC 2206 (KLR)
✦ The suit is dismissed with costs to the defendants as the plaintiff lacks locus standi to sue in respect of property owned by his late mother.
-
James Muigai Thungu v County Government of Trans-Nzoia & 2 others [2021] KEELC 2214 (KLR)
✦ The application is dismissed with costs.
-
Republic v Attorney General & another Ex parte Peter Njoroge Muiruri & 9 others; Samuel Ojowa Achieng & another (Interested Parties) [2021] KEELC 2243 (KLR)
✦ The 2nd Respondent is directed to cancel the allocation of the suit land to the 1st Interested Party and allocate it to the residents of Mathare Mabatini village on a communal basis.
-
Electrical Marketing (Wholesale) Limited v Nairobi City County & another; Cinatine Enterprises Limited (Interested Party) [2021] KEELC 2232 (KLR)
✦ The court declines to grant the orders sought in the application and instead recommends the Appellant seek the appointment of a receiver to manage the Suit Property and collect rent.
-
Patrick Mapango Wafula (Suing thro’ Dinah Nakhumicha Wafula) v Simiyu Webule & Frank Andiva Butichi [2021] KEELC 2210 (KLR)
✦ The application is struck out as the applicant lacks locus standi due to the absence of a grant of letters of administration over the deceased defendant's estate.
-
Francis Kibet Arap Serem v Michael Kimtai Ndiwa (Environment & Land Case 42 of 2020) [2021] KEELC 2216 (KLR) (9 August 2021) (Ruling)
✦ The application has merit and the plaintiff's son, Alexander Kiptanui Serem, is granted leave to file the power of attorney and appear on behalf of the plaintiff.
-
Agnes Nyambura Munga t/a Unisex Aero Salon & another v Convest Holdings Limited & 2 others [2021] KEELC 2250 (KLR)
✦ The court declines to grant the orders sought in the application dated 16/1/2020 and makes no orders as to costs.
-
Paul Kiingati Gatiu v Susan Nduta Kimani & 2 others [2021] KEELC 2217 (KLR)
✦ The court declines to grant the orders sought in the application dated 7/7/2020 as it is functus officio and the Plaintiff should pursue execution of decrees.
-
Regina Gathoni v Samuel Wainaina Githacuri [2021] KEELC 2204 (KLR)
✦ The court grants the orders sought in the application dated 16/11/2020. The Applicant will file and serve her appeal within 30 days of the date of this ruling.
-
Robson Harris and Co Advocates v Equip Agencies Limited & 2 others; Kipyator Kibet and Associates Advocates (Interested party) [2021] KEELC 2248 (KLR)
✦ The court sets aside the consent order on costs due to misrepresentation and sets the proper fees due to the Applicant for the work done.
-
Alexander Anthony Wahiu & 2 others v Joseph Kariha Wahiu & another [2021] KEELC 2249 (KLR)
✦ The court stays this suit until Nairobi HCCC No. 43 of 2010 (OS) and Nairobi High Court Miscellaneous Civil Application Number 10 of 2006 are heard and a determination is made by the Family Division of the High Court on the share the Plaintiff’s late mother was entitled to in the Suit Property.
-
Kenya Redeemed Church (Suing through its Chairman, Secretary and Treasurer) v New Life Redemption Ministry (Being sued through its Chairman, Secretary and Treasurer) [2021] KEELC 2192 (KLR)
✦ The application is dismissed with costs to the Plaintiff.
-
Anthony Burugu & Co. Advocates v Electro Watts Limited [2021] KEELC 2219 (KLR)
✦ The Taxing Officer's decision on item number 1 is set aside, and the bill of costs will be remitted for taxation by another Taxing Officer.
-
Reuben Lotim Anisomuk & 7 others v Director of Kenya Forest Service & 4 others [2021] KEELC 2199 (KLR)
✦ The order dismissing the petition should not be set aside due to the inordinate delay in filing the application and the lack of explanation for the delay.