Kenyan case law

Cosmus Mwangudza v Davis Masha Sirya [2020] KEELC 2339 (KLR)

Protus Hamisi Wambada & another v Eldoret Hospital [2020] KEELC 2294 (KLR)

✦ The consent judgment cannot be set aside as it was freely entered into by the parties and their advocates in clear terms, and there was no fraud or collusion.

Mary Wanjiku Njoroge v Esther Muthoni Karaya [2020] KEELC 2352 (KLR)

✦ The Plaintiff is not entitled to the orders sought in the Plaint.

Daniel Mulandi Masaku v Florence Munyiva David & another [2020] KEELC 2448 (KLR)

✦ The sale agreement is declared null and void, and the Defendants are ordered to vacate the suit land within 6 months. If they fail to do so, the Plaintiff is granted the right to apply for an order of eviction.

Edna Jebiwott Kiplagat v Philip Kiprotich Tuitoek & 2 others [2020] KEELC 2303 (KLR)

✦ The suit is res judicata and the earlier interim order granting inhibition is hereby vacated and the suit struck out with costs to the 1st defendant.

Anthony Kiprop (suing as the legal representative of the Estate of Luka Kiprop Kiptai) v Sylvester Chemweno Sang & 2 others [2020] KEELC 2269 (KLR)

✦ The court finds that the hearing notice was properly served but orders that the 1st defendant be given an opportunity to cross-examine the plaintiff and present his case. The applicant will pay thrown away costs of Kshs. 20,000/ to the plaintiff within 14 days, and costs of the application shall be in the cause.

Clairmont Investments Limited v China Communications Construction Company Limited [2020] KEELC 2454 (KLR)

✦ Plaintiff's Notice of Motion is unmerited and dismissed with costs

Dominic Katua Ndwota v Monica Kavesu Ndwota [2020] KEELC 2453 (KLR)

✦ The Plaintiff has no locus standi to file this suit in the absence of letters of administration ad litem. The Plaintiff cannot be heard to challenge the title document held by the Defendant.

Rodgers Kindia Kaibunga v Esther Kyeli; Esther Nzingili Sim(Applicant) [2020] KEELC 2105 (KLR)

✦ The application is dismissed with costs, and the interim orders are vacated.

Edward Kavai Nzioka & 7 others v Nzioka Mutwanyingi & 2 others [2020] KEELC 2457 (KLR)

✦ The application has no merit and is dismissed with costs to the respondent.

Ndambuki Mutule Mutweleli v Lazarus Muthiani Ngolota & 2 others [2020] KEELC 2456 (KLR)

✦ The Applicant has proved his case on ancestral land ownership, and the Respondents are ordered to allow the Makueni District Surveyor to visit the land and confirm its size.

Kampali Ole Kiok v Simon H Igecha Waithaka [2020] KEELC 2343 (KLR)

✦ The Appellant is not entitled to the fourteen (14) acres of land from Kajiado/ Loodariak/ 804 owned by the Respondent.

Prisca Yator v Samuel Rotich & 3 others [2020] KEELC 2187 (KLR)

✦ The application for recusal is dismissed as the judge is not biased and the Resident Judge does not have jurisdiction to allocate the case.

Anne Nakweya v Attorney General [2020] KEELC 2247 (KLR)

✦ The plaintiff failed to prove that she is the lawful owner of the suit property, and is therefore not entitled to the reliefs sought in the plaint. The plaintiff's suit is dismissed.

Estate of Jim Kiptum Choge (Suing through the administrators), Eva Chepkurui Cherogony & 3 others v Philip Kipkemboi Rono & 6 others; Antique Auctioneers (Proposed Interested Parties) [2020] KEELC 2278 (KLR)

✦ The court granted the application to join the 7th defendant and Antique Auctioneers as interested parties and issued an injunction against the 4th defendant and its agents.

Julius Gichobi Githaiga & another v Phillis Wanjiku Njuki (Sued as the Administrator of the Estate of Jonathan Njuki Githaiga (Deceased) [2020] KEELC 1967 (KLR)

✦ The application for substitution is struck out with costs, as the suit has abated due to the one-year period following the death of the original defendant.

Republic v Minister for Lands & another Ex Parte Joash Onyano Opiyo; Daniel Omondi Owira & another (Interested Parties) [2020] KEELC 2483 (KLR)

✦ The ex-parte Applicant did not have jurisdiction to file the suit due to an outstanding appeal to the Minister.

Elias Micheni Mugo v Kenya Urban Roads Authority (Kura) & 5 others [2020] KEELC 2494 (KLR)

✦ The court certifies the application as urgent and grants prayers 2 and 5, including an interim injunction and a surveyor's report.

Cyrus Muchira Ndambiri v Faith Wanjiru Ndambiri [2020] KEELC 1945 (KLR)

✦ The appeal is allowed, the judgment of the trial court is set aside, and the plaintiff's claim is dismissed.

Frankline Japhet Njiru v Kenya Urban Roads Authority (Kura), Administrator Chuka Township, County Government of Tharaka Nithi, Hyper Constructions & Equipment Company Limited,Rachael Njeri Ndoho & Attorney General (Environment & Land Case 2 of 2020) [2020] KEELC 2471 (KLR) (22 May 2020) (Ruling)

✦ The court certifies the application as urgent and grants prayers 2 and 5, including an interim injunction and a surveyor's report.

Manson Musyoka Kisele v Nashon Mukeku Katoni & another [2020] KEELC 2531 (KLR)

✦ The Plaintiff has satisfied the court that he has a cause of action against the Defendants, and the suit land belongs to the Plaintiff.

Michael Maluti & 5 others v Julius Bau Nzyuko & another [2020] KEELC 2354 (KLR)

✦ The application is dismissed with costs to the 1st Defendant/Respondent

Rose Mwongeli Wambua v John Kilungu Mbondo [2020] KEELC 2470 (KLR)

✦ The Plaintiff/Respondent's suit is dismissed with costs.

Mutige Kiboti & Company Ltd v County Government of Kirinyaga [2020] KEELC 1901 (KLR)

✦ The plaintiff's suit is dismissed. The defendant's counter-claim is allowed. The plaintiff's title to L.R. No. KABARE/MIKARARA/136/128 be and is hereby revoked and the register rectified to reflect the defendant as the owner thereof. The costs of the dismissal and the counter-claim to be borne by the plaintiff.

Royal Media Services Ltd & another v Zacharia Karanja Kinyanjui & 2 others [2020] KEELC 2295 (KLR)

✦ The judgment cannot be delivered due to the absence of proceedings of the trial court in respect of Kisumu Magistrates Court Case number 230 of 2005.