Kenyan case law
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Florence Nafula Ayodi & 5 others v John Tabalya Mukite & another [2021] KEELC 2167 (KLR)
✦ The defendants' application has merit and the leave to file a further affidavit and submissions is granted.
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Redeemed Gospel Church v John Egielan; William Abok (Interested Party) [2021] KEELC 2203 (KLR)
✦ The plaintiff's application for setting aside dismissal orders has merit, and the suit is reinstated for hearing on the merits.
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Mathew Kenduiywa & another v County Surveyor, Trans Nzoia; Hellen Chemeli Kenduiywa & 4 others (Interested Parties) [2021] KEELC 2196 (KLR)
✦ The court grants the application and orders the interested parties to cease being enjoined as defendants and be enjoined as new defendants. The suit is amended to include these parties.
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Kamechwa Longura Lomormoi v Stephen Luvubi [2021] KEELC 2195 (KLR)
✦ The process of execution in the lower court suit that is Kapenguria PMCC Land Case NO. 23 OF 2019 is hereby stayed pending the hearing and determination of the appeal filed against the judgment of the lower court in that case.
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Omar R Yakub & another v Attorney General [2021] KEELC 2282 (KLR)
✦ The court declares the plaintiff's title null and void, orders its cancellation, and awards damages for the demolished improvements.
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Benson Mbithi Wambua & 7 others (Suing on their own behalf and on behalf of the squatters and residents of land registration numbers 209/9945, 209/9947, 209/9946, 209/9949 and 209/11975 also known as Deep Sea Settlement Scheme) v Sheraton Apartments Ltd & 5 others [2021] KEELC 2221 (KLR)
✦ The court declines to grant the orders sought in the application dated 28/11/2019.
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Njunge Njenga v County Land Registrar Trans Nzoia County [2021] KEELC 2198 (KLR)
✦ The court grants the application to rectify the land registration to include both Njunge Njenga's names and his ID number.
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Paul Kipkorir Rono v Benard Toili Lukuya [2021] KEELC 2171 (KLR)
✦ The application is dismissed with costs, and the orders of stay of execution are vacated.
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Japheth Kibiwott Ruto (Suing as legal personal representative of the Estate of Kibiwott Arap Mwolomet (Deceased) v Virginia Njeri Maina & another [2021] KEELC 2197 (KLR)
✦ The suit is statute barred and should be struck out.
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Paul Amisi Sagara v Joel Wafula [2021] KEELC 2205 (KLR)
✦ The application is granted in part, proceedings in both suits are stayed pending the appeal
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Namo Hardware Ltd v Cherangani Investment Co. Ltd [2021] KEELC 2212 (KLR)
✦ The application for a temporary injunction restraining the defendant from blocking access to the suit premises is granted pending the hearing and determination of the main suit.
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Mulee Kioko Mulwa & another v Margaret Mwikali Musyimi & another [2021] KEELC 2223 (KLR)
✦ The Plaintiffs/Applicants have established a prima facie case and irreparable harm, justifying the issuance of an injunction. The application is allowed, but the succession proceedings are not stayed due to lack of jurisdiction.
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Judith Nerima Ogombe & another v Leonard Otuba Sanya [2021] KEELC 2255 (KLR)
✦ The suit is struck out for want of locus standi to prosecute the suit.
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James Macheneri Isigi & 2 others v Kenya National Highways Authority & another [2021] KEELC 2136 (KLR)
✦ The court finds no evidence of compulsory acquisition of the land and denies the Plaintiffs' claim.
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Nelly Atieno Oluoch v Damaris A Nyawalo & 2 others [2021] KEELC 2157 (KLR)
✦ The Court finds that the suit does not offend section 18(2) of the Land Registration Act and that the Court has jurisdiction to hear the boundary dispute.
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Daniel Bernhard Reinhard & another v Damaris Nthenya & another [2021] KEELC 2396 (KLR)
✦ Both applications and the preliminary objection are dismissed with costs to the plaintiff.
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Lucy Wairimu Kianda & 2 others v Esther Wangari Joseph & 4 others [2021] KEELC 2361 (KLR)
✦ The court finds the land transfers and partitions null and void, and orders their cancellation. The titles are reverted to the original owners.
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Esther Akoth Onganga & 2 others v Cleophas Ochieng Ger & 7 others [2021] KEELC 2152 (KLR)
✦ The court finds that the plaintiffs have proved that the deceased was the lawful registered legal proprietor of the suit parcel of land. The defendants caused the original property number KISUMU/MANYATTA ‘A’/3626 to be subdivided un-procedurally, and the defendants obtained title to the properties they hold illegally and fraudulently. The plaintiffs deserve punitive damages of Ksh 200,000.
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Joyce Mutethya Kimanthi v Timothy Kimanzi Kiiva & 2 others [2021] KEELC 2073 (KLR)
✦ The Appellant's suit was dismissed as the Respondent was the absolute proprietor of the land. The Appellant was ordered to transfer half share of parcel Matinyani/Kalimani/224 to the Appellant.
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Mwadzaya Wachanda Clan Welfare Registered Trustees & 58 others v Petrol Oil Kenya Ltd & 6 others [2021] KEELC 2357 (KLR)
✦ The court dismissed the application for a temporary injunction and refused to grant judicial review of the Kaloleni Land Disputes Tribunal award.
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John Kyalo Mulinge v Julius Kimeu Mutua & 15 others [2021] KEELC 2052 (KLR)
✦ The court finds the Plaintiff's application meritorious and allows it, ordering the Deputy Registrar to execute the transfer and tally costs.
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Doris Koki v Juvenaris A. Wambua & another [2021] KEELC 2025 (KLR)
✦ The court finds that the applicant and the respondent are no longer married, and the applicant should pay the respondent's costs.
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Amir Ahmed & 2 others v Katana Chai & 55 others;Kadzuhoni Primary School Board of Management –Kadzuhoni Primary School (Intended Defendants) [2021] KEELC 2405 (KLR)
✦ The Court granted the application for leave to enjoin Kadzuhoni Primary School and its Board from interfering with the Plaintiffs' occupation of the land, stayed eviction or interference by Plaintiffs and their agents, set aside previous judgments affecting ownership rights of the Plaintiffs, and permanently restrained Plaintiffs and their agents from interfering with the Plaintiffs' quiet possession of the land.
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Mariangela Beltrami v Mtwapa Bay Investment Ltd [2021] KEELC 2406 (KLR)
✦ The Plaintiff's suit is dismissed with costs to the Defendant
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Anthony Mwenga Mavua v Pius Mutua Mwenga [2021] KEELC 2022 (KLR)
✦ The court held that the Defendant is the rightful owner of the suit properties and is not required to transfer them to the Plaintiff.