Kenyan case law
-
Joseph Ledama Sankei v John Kipota Koisa [2019] KEELC 2268 (KLR)
✦ The Plaintiff is the sole proprietor and lawful owner of Land Parcel No. Trans Mara/Olomismis/890, and a permanent injunction is issued against the Defendant.
-
Johnson Gathanga Mwaniki v Esther Watheri Mwaniki & 3 others [2019] KEELC 2260 (KLR)
✦ The suit is not time barred and the Plaintiff has the right to seek the cancellation of new titles and restoration of old titles.
-
Joseph M. Kyengo v Mutungi Ndonye [2019] KEELC 2367 (KLR)
✦ The court dismisses the Plaintiff's suit and orders the Plaintiff to deliver vacant possession of 10 acres of land to the Defendant or refund the surplus money over the sale price.
-
Joseph Oloinyeyie Naitipa v Paul Momanyi Osoro & another [2019] KEELC 1897 (KLR)
✦ The Plaintiff has not demonstrated a prima facie case and the balance of convenience does not tilt in his favour.
-
John Gachunga Njoroge v Joseph Njoroge Mwangi [2019] KEELC 2096 (KLR)
✦ The application for stay of execution is granted.
-
Charles Ngare Gathanga v Obadiah Kariuki Kamau [2019] KEELC 2000 (KLR)
✦ The appeal has no merit and is dismissed.
-
Olopoi Soine Oloibor Olgos v Matinti Ndorko [2019] KEELC 2230 (KLR)
✦ The Notice of Motion is not an abuse of the court process and the Notice of Preliminary Objection is dismissed.
-
Piddan Musau Katula & another v Silas Musambayi Khaemba (Being sued on his own behalf and on behalf of 41 others); Mbukoni Holdings Ltd (Interested Party) [2019] KEELC 2278 (KLR)
✦ The Applicant is a necessary party in these proceedings and the Applicant is enjoined as a Defendant.
-
Republic v Chairman, Business Premises Rent Tribunal (Mr Mbichi Mboroki); Mohammed Sheikh Yusuf (Interested Party) Exparte Daniel Wanjohi Kabithe & another [2019] KEELC 2345 (KLR)
✦ The premises occupied by the private school which offers education services to the general public at a fee fall under the definition of 'shop' under Section 2 of the Act.
-
Sagalla Ranchers Ltd v Izera Enterprises Ltd & another [2019] KEELC 1817 (KLR)
✦ The application is dismissed with costs, as the plaintiff has not satisfied the court that she merits reinstatement of the dismissed suit.
-
Benjamin Bosire Ogero v Alloys Mataya Moseti & 3 others [2019] KEELC 2350 (KLR)
✦ The Plaintiff is declared the lawful registered proprietor of land parcel LR No. Kisii Municipality/Block I/847, and the 1st and 2nd Defendants are ordered to vacate the parcel.
-
Nthusi Mwonewa (Deceased) v Makau Mwonewa (Environment and Land Appeal 91 of 2005) [2019] KEELC 1916 (KLR) (19 July 2019) (Ruling)
✦ The Application is dismissed with no order as to costs. The Appeal stands struck out as ordered by the court on 3rd December, 2009.
-
Nicholus Odera Sumba (Suing as the Legal Representative of the Estate of Bonface Sumba Oracha) v Saleh Bin Salim Ali El-Eyyan [2019] KEELC 1805 (KLR)
✦ The court finds merit in the respondent's motion and dismisses the preliminary objection filed by Khatib & Co. Advocates.
-
Simon Njagi Njoka v James Gatimu Muriithi, Leonard Muriithi Marithuku, Johnson Chege Mwangi, Gatimu Kanyi, Joseph Muriuki Gatimu & Fausto Mwai Gatimu (Environment & Land Case 414 of 2013) [2019] KEELC 2193 (KLR) (19 July 2019) (Judgment)
✦ The Plaintiff's claim is dismissed with costs as he failed to prove fraud and the involvement of the Defendants.
-
Peter Muchai Njuguna v John Mburu Kibunja [2019] KEELC 2010 (KLR)
✦ The Plaintiff's cause of action is time barred, and the Plaintiff's suit is dismissed with no order as to costs.
-
Onywoki Okondo v Samuel Nyarango [2019] KEELC 2336 (KLR)
✦ The appeal is dismissed with costs to the respondent.
-
Bernard Murimi John Mutugi & another v Francis Murage Cungu & 3 others [2019] KEELC 2186 (KLR)
✦ The application is dismissed with costs.
-
Kaikui Nawankas v Joseph Ole Lionka Soit & another [2019] KEELC 2377 (KLR)
✦ The court dismisses the application for an injunction as the defendants are not trespassers and the plaintiff does not own Land Parcel TRANS MARA/OLALUI/294.
-
Samwel Kipkirui Kones & 582 others v Johnstone Kipkoech Langat & 3 others [2019] KEELC 2364 (KLR)
✦ The application is not merited and thus dismissed with costs. The court orders that parties maintain status quo pending the hearing and determination of the suit.
-
Johnstone Lepore Kiserema & another v Isack Omare & 2 others [2019] KEELC 2173 (KLR)
✦ Petition granted; Petitioners are the rightful owners of Parcel Numbers D 20 and D 21; Permanent injunction against Respondents from interfering with the Petitioners' land.
-
Daniel Onganki Paul & another v John Silas Nyamato & another [2019] KEELC 2375 (KLR)
✦ The court found that the Plaintiffs were validly and lawfully allocated land parcel LR No. 21982 and that the allotment was not made in error and/or by mistake.
-
Margaret Wanjiku Munyi & another v Munyi Njoka & another [2019] KEELC 2227 (KLR)
✦ The judgment of the learned magistrate is set aside, and the entire suit is dismissed.
-
Republic v Chief Magistrate Kisumu & another Ex parte Cyprian Obutho Osuna;Joseph Onyango Marera (Interested Party) [2019] KEELC 2363 (KLR)
✦ The decision of the Land Disputes Tribunal is null and void ab initio as it lacked jurisdiction. The Magistrate's Court did not have the authority to review the Tribunal's decision.
-
Daniel Kimanthi Mutisya & another (Suing on behalf and beneficiaries of the Estate of Ndunda Waita – Deceased) v Chairman & 3 others [2019] KEELC 2209 (KLR)
✦ The Application is allowed, and the court orders the setting aside of the orders of 27th September, 2018.
-
Moses Muchira Njeru & another v Francis Mureithi [2019] KEELC 1927 (KLR)
✦ The application is dismissed, and the Defendant is ordered to bear the costs.