Kenyan case law
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John P. Omukuba v Ali Chibole Mmbwana [2017] KEELC 2220 (KLR)
✦ The application is dismissed as the defendant has not shown that they will suffer loss which cannot be adequately compensated in damages.
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Julius Kioria Wambugu v Charles Gachuhi [2017] KEELC 1580 (KLR)
✦ The preliminary objection is dismissed
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Esther Kamathi Mwimbi v Zaverio Mithika [2017] KEELC 2145 (KLR)
✦ The Replying Affidavit is expunged from the record as it was filed outside the period given by the court and no supporting documents were provided.
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Republic v Chairman Land Disputes Tribunal – Uriri Division Migori District & another Ex parte Charles Okinyi Oloo (suing as Legal Rep. of the estate of Richard Oloo Oketch – Deceased) [2017] KEELC 1959 (KLR)
✦ The award is null and void and quashed forthwith.
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Calvary International Ministries through Registered Trustees v Eustace Nyag Angatuni & another [2017] KEELC 2240 (KLR)
✦ The court finds that the plaintiff has shown to the satisfaction of the court that this suit should not be dismissed.
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Roseline Awino Oduor v Stephen Omondi Oduor [2017] KEELC 2224 (KLR)
✦ The court allows the application to stay the punishment pending the appeal, considering the nature of the appeal and the personal freedom at stake.
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Odinga Makaka & 2 others v Lucie Nambo Pamba (suing ss the administrator of the Estate of Hannington Ouma Pamba (Deceased) & 8 others [2017] KEELC 2233 (KLR)
✦ The plaintiffs' case is not proved on a balance of probabilities, and the plaintiffs' claim is dismissed with costs.
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Republic v Butula Land Disputes Tribunal & Alexander Okello Okaya [2017] KEELC 2225 (KLR)
✦ The application is allowed, and the Interested Party is compelled to restore a portion of land measuring 0.52Ha in parcel No. MARACHI/ESIKOMA/2211 to the Exparte Applicant.
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Lawrence Nginga Maranga v Headmaster Chaani Primary School & 4 others [2017] KEELC 1980 (KLR)
✦ The Plaintiff/Applicant has failed to demonstrate a prima facie case with a probability of success and the balance of convenience is in favor of the Respondents. The application is dismissed.
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Sospeter Kambogo Mwangi & another v Embakasi Ranching Company Ltd [2017] KEELC 2107 (KLR)
✦ The court finds that the plaintiffs have proved their claim on a balance of probabilities and grants their prayers for a declaration of ownership and a perpetual injunction.
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Joseph Mutua Mbuva v Waichakehiri Farmers Society Ltd (sued through Chairman Robert Kimathi Marete) [2017] KEELC 2143 (KLR)
✦ The matter is adjourned for the plaintiff to file and serve their list of documents and list of statements of witnesses within 30 days. The plaintiff is ordered to pay court adjournment fees and defense advocates' costs.
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Republic v District Land Adjudication Officer & another Ex-Parte Julius M'ikunyua M'maingi [2017] KEELC 2114 (KLR)
✦ The court finds that the decision in objection no 596 is not invalid on account of 'absence of a committee' and that the decision was not unreasonable on account of failure to record the evidence of witnesses.
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Justus Muruja Musa v Festus M’metha Njau [2017] KEELC 2079 (KLR)
✦ The court granted the plaintiff's application for an order of inhibition to prevent registration of any dealings over the suit lands and a temporary injunction to restrain the defendant and his family members from interfering with the plaintiff's possession of the lands.
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Kenya Anti-Corruption Commission v Sheldon Livasia Mugugo & another [2017] KEELC 2231 (KLR)
✦ The Civil Suit No. 82 of 2009 is dismissed for want of prosecution.
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Peter Kilemi M'itimitu Legal Representative of the Estate of M'itimitu M'mwithia - Deceased v Diocese of Meru & another [2017] KEELC 2130 (KLR)
✦ The Court upholds the objection raised by Defendants and declines to grant Plaintiff more time to file a valuation report.
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Monicah Nafula Adui & another v Leonard Shanya [2017] KEELC 2275 (KLR)
✦ The application is found meritorious and injunctive relief is granted to run until the suit is heard and determined.
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Anita Mugambi v Meru County Investment & Development Corporation [2017] KEELC 2110 (KLR)
✦ The application for interlocutory injunction is dismissed with costs to the Defendant.
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Rebecca Okutoyi Ambais v Wilson Ogolla Olendo [2017] KEELC 2214 (KLR)
✦ The preliminary objection is dismissed with costs
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Manoa Shembekho v Rose Ayuma [2017] KEELC 2238 (KLR)
✦ The appeal is dismissed for lack of merit. The judgment of the Magistrate is hereby upheld.
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Jesca Andenyi Andwati (suing as the personal Representative of the estate of Erick Melchzadek Andwati) v Ayub Maina & another [2017] KEELC 2082 (KLR)
✦ The court finds that the Plaintiff has proved her case on a balance of probabilities and grants the following orders: (a) and (d) as prayed in the plaint; (b) with a limited extent; (c) with a limited extent.
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Julius Njagi Nkumbaru & 2 others v Johnson Muthomi Kithure & 3 others [2017] KEELC 2261 (KLR)
✦ Leave is granted to the plaintiff to enter judgment against the 2nd, 3rd and 4th defendants as prayed in the plaint in default of appearance and filing of defence within the stipulated period.
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Ruth Ochola v National Bank of Kenya Ltd & another [2017] KEELC 1958 (KLR)
✦ The ex-parte orders granted on 09/09/2015 are dismissed as they prejudiced the rights of the Defendants. The Plaintiff's suit is not res judicata and the case is not dismissed. The costs of the application and the entire suit are to be borne by the Plaintiff.
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Jacob Nyaga Njeru v Njeru Kinanda [2017] KEELC 2141 (KLR)
✦ The Plaintiff's notice of motion is dismissed in its entirety with costs to the Defendant
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Reuben K. Arap Serem v Zipporah Meli [2017] KEELC 2092 (KLR)
✦ The court found that the plaintiff is the registered owner of the land and that the defendant trespassed onto the plaintiff's land. The court also found that the plaintiff did not sell 3 acres to the defendant.
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Francis Iguna Mwebia v Julius Mugao Kiragara (Environment and Land Appeal 86 of 2017) [2017] KEELC 2239 (KLR) (18 July 2017) (Ruling)
✦ The appeal is dismissed for want of prosecution.