Kenyan case law

Melisa Buluma v Jane Adhiambo Tambo [2021] KEELC 2137 (KLR)

✦ The court granted the stay of execution pending appeal

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.

Philip Oduor Ochieng v Hezron Kimeli Cheruiyot & 2 others [2021] KEELC 2163 (KLR)

✦ The Court issues an order for status quo, restricting any of the parties from dealing with the property in the land registry and interfering with the status quo on the ground pending hearing and determination of the suit.

La Marina Limited v Riziki Charo Kambi & 2 others; Robert Philip Ashworth (Interested Party) [2021] KEELC 2318 (KLR)

✦ The application is dismissed with costs as the Applicant cannot continue with a claim extinguished by operation of law more than three years before she came to court.

Mohamed Omar Salim v Edward Mzee Karezi & 4 others [2021] KEELC 2376 (KLR)

✦ The Plaintiff's current application is dismissed as a waste of judicial time, as the same issues were previously addressed and resolved.

Paul Miyoyo Otieno v Attorney General & 19 others [2021] KEELC 2147 (KLR)

✦ The appeal is allowed, and the Lower Court ruling/order/decisions of 20th February, 2020 are set aside. The Lower Court ELC No. 109 of 2018 is reinstated and proceeds in accordance with the law.

Noah Nevil Okoth v Rayola Ochieng Olel t/a Hawi (E.A) Enterprises Limited & 2 others [2021] KEELC 2149 (KLR)

✦ The court issues an injunction restraining the defendants from dealing with the property pending the hearing and determination of the suit

Omar Salim Mwakweli & 3 others v Vipingo Development Limited & 2 others [2021] KEELC 2390 (KLR)

✦ The court struck out the petition and application, finding that the relevant statutes provided alternative dispute resolution mechanisms and afforded the appellant the right to appeal.

Gideon Kithuka Maleve v Kasyoka Musya & another [2021] KEELC 2339 (KLR)

✦ The Plaintiff's claim fails due to the invalidity of the tribunal's award. The Defendants are entitled to continue working and occupying the disputed land until it is declared an adjudicated area.

Anthony Ndunda Mwaniki v Wavinya Bernard Nzomo [2021] KEELC 2071 (KLR)

✦ The court allows the Plaintiff's application for eviction and orders the Defendant to be evicted from the land parcel and deliver vacant possession to the Plaintiff.

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.

Mugumoini Farmers Co Limited v Inshwil Builders & Engineers Ltd ; Ephraim Waithaka Ruitha & another (Interested Parties) [2021] KEELC 2309 (KLR)

✦ The Court finds no evidence of bias and dismisses the recusal application.

Kilonzo Kitheka v Alexander Mwendwa Mwova & 3 others [2021] KEELC 2058 (KLR)

✦ The Application for contempt of court is dismissed with costs.

Peter Thuranira Ndubai v Kiriinya Mwendia Mwithimbu [2021] KEELC 2019 (KLR)

✦ The Application for review is incompetent and bad in law, and is struck out with costs.

County Government of Tana River v Farah Ali Ibrahim & 3 others [2021] KEELC 2370 (KLR)

✦ The court granted the temporary injunction restraining the Respondents from clearing bushes, dealing in, trespassing, fencing, transferring, disposing, erecting or causing to be erected any structures on the suit property.

Fredrick Muroki Grieve v County Government of Machakos [2021] KEELC 2060 (KLR)

✦ The Plaintiff's claim is allowed, and the Defendant is ordered to update its register to reflect the Plaintiff as the owner of Plot No. 49.

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.

Moses Ogutu Odongo v Johnstone Otieno Olondo & 3 others [2021] KEELC 2142 (KLR)

✦ The Court finds that the current suit is not sub judice and proceeds to determine the ownership of the land.

Mulinge Kilungu Kikwau v William Matilu Kikuvi; Peter Kyanya Mwangangi(Interested Party/Applicant) [2021] KEELC 2065 (KLR)

✦ The court allowed the Plaintiff's claim, holding that the Defendant had annexed a portion of the Plaintiff's land.

Dubey Mohamed Godad v Mohamed Omar Ahmed & 5 others [2021] KEELC 2302 (KLR)

Narman Changawa Chengo v Abel Ndumbu & 4 others [2021] KEELC 2310 (KLR)

✦ The Court declared that the acts of the Respondents infringed upon the Petitioner's right to property and amounted to unfair administrative action.

Joshua Masila Malombe v Cosmus W Malombe & another [2021] KEELC 2064 (KLR)

✦ The Notice of Preliminary Objection is struck out with costs as the pleadings and consent order from Kitui PMCC No. 296 of 2006 are not before the court.

Josphat Kazungu Ziro (Suing through Christine Ziro Mwatela (Vide Power of Attorney) v Johnson Kaviha Thoya; Housing Finance Company of Kenya Limited(Third Party) [2021] KEELC 2389 (KLR)

✦ The Defendant no longer has any proprietary right over the suit property and the Plaintiff is entitled to an order for the Defendant to vacate the property. The Plaintiff is also entitled to compensation for lost rent.

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.

Munyila Kilonzo v Wambua Mutiku & another [2021] KEELC 2403 (KLR)

✦ The application has no merits and is dismissed with costs.