Kenyan case law
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Republic v Cabinet Secretary Ministry of Lands and Physical Planning Ex parte Hezbon Odhiambo Ongany; Lucas Oloo Owiti (Interested Party) [2020] KEELC 2525 (KLR)
✦ The court held that the Respondent considered irrelevant matters in arriving at its decision and the findings of the Minister are incapable of being enforced.
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Maurice Olwal Olwal v Michael Otieno Wagude & another [2020] KEELC 2359 (KLR)
✦ The suit is res-judicata and an abuse of court process, and is hereby struck out.
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Peter Maweu Nthiwa & 3 others v County Director of Land Adjudication and Settlement (Makueni County) & another; Gideon Mwongela Kimango (Interested Party) [2020] KEELC 2518 (KLR)
✦ Notice of Motion is struck off for being incompetent and improperly on record
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Philip Okwama Adogo v Michael T Adede & another [2020] KEELC 2507 (KLR)
✦ The plaintiff is the legal representative of the Estate of Philip Othwele Isaka Mbede and the transfer of plot no. 17 to the 1st Defendant by the 2nd Defendant was fraudulent. The court declares that plot no. 23 Onjiko/Otto market belongs to the Estate of Mzee Philip Othwele Isaka Mbeche.
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Washington Odiyo Aboge v Francis Obiny Ateng [2020] KEELC 2323 (KLR)
✦ The suit is dismissed as statute barred and the plaintiff lacks capacity to claim on behalf of the deceased.
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Mohamed Feisal Mohamud & 2 Others v Richard Guya Membo & 5 Others [2020] KEELC 2333 (KLR)
✦ The court dismissed the application to strike out the suit and ordered the balance of the claim to proceed for assessment.
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Murage Njeru v Linus Mbogo Njeru [2020] KEELC 1953 (KLR)
✦ The court determined that a trust has not been established and that the suit land is not ancestral land.
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Peter Gitau Kinyanjui v Teresia Wangari Kinyanjui & another [2020] KEELC 1936 (KLR)
✦ The Court dismissed the plaintiff's claims and upheld the 2nd defendant's decision.
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Diamond Lal Bhanji v Martha Mulee Taali & 5 others [2020] KEELC 2499 (KLR)
✦ The Plaintiff's claim is dismissed with costs as there is no evidence of a valid purchase agreement and the Plaintiff did not take possession of the plot.
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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.
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Peter Njoroge Gatua & 351 others v Willmac Cattle Farm Limited [2020] KEELC 2388 (KLR)
✦ The Taxing Master did not commit any errors of principle, and the instruction fee in Item 1 should not have been taxed at Ksh 2,179,005/=
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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.
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Cyprian Mwenda v Adan Bonaya Wako [2020] KEELC 2429 (KLR)
✦ The appeal court found the trial court's decision to be erroneous and reversed the judgment.
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Margaret Nabuin Lomatong v Sylvia Abei Kosiyae & Jackson Ekiru Kosiyae (Environment & Land Case 107 of 2017) [2020] KEELC 2204 (KLR) (21 May 2020) (Judgment)
✦ The court declares the plaintiff as the sole owner of the land and orders the defendants to vacate the land within 30 days. Failure to comply will result in forceful eviction.
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Okiya Omtatah Okoiti & another v National Environment Management Authority & 8 others [2020] KEELC 2486 (KLR)
✦ The application is dismissed with costs to the 4th and 5th Respondents due to abuse of the process of the court
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Isaac M.M. Makhambala v Richard Ombimo [2020] KEELC 2111 (KLR)
✦ The plaintiff's claim in the main suit is hereby dismissed. Judgment is hereby entered in favour of the defendant on his counterclaim. All the titles issued in any other name other than that of Brown Mbito Kusienya respect of all that land parcel known as Kwanza/Kwanza Block 3/Luhya/16 and its subdivisions and mutation are hereby canceled. The title to the suit land shall be registered in the name of the 'Estate of Brown Mbito Kusienya (deceased,)' pending distribution upon completion of succession proceedings. The plaintiff in the main suit shall bear the costs of the main suit and of the counterclaim.
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Joseph Mutura Mugambi v Rutere Mwiria & 20 others [2020] KEELC 2438 (KLR)
✦ The plaintiff is declared the owner of the suit property and is entitled to use and possession of land parcel No. 450 Amungeti 'b'. The defendants are ordered to pay costs and are condemned to pay interest on those costs.
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Kenya Methodist University v New Chota Raha Investments Ltd [2020] KEELC 2513 (KLR)
✦ The application is dismissed with costs to the plaintiff/respondent
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Racheal Ngugi M’ Ikwaria v Judith Nkirote [2020] KEELC 2416 (KLR)
✦ The court found that the title held by the respondent as the co-owner of the suit property had not been challenged on appeal.
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Daniel Kamau Karera v Catherine Wangari Nyagah [2020] KEELC 2511 (KLR)
✦ The application is dismissed as the plaintiff did not incur any costs in respect of the counterclaim.
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Emmanuel Mathews v Jerusha Naimutie Shani & 2 Others [2020] KEELC 2487 (KLR)
✦ The Court found that the Defendants were not served with the requisite notices before the sale of the land, and thus the sale was unprocedural.
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Menelik House Limited v John Mbugua;Francis Odumbe Osodo (Proposed Interested Party) [2020] KEELC 2502 (KLR)
✦ The application is allowed in part, with the proposed interested party enjoined as a party to the suit and granted leave to file a defence.
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Agwu Ukiwe Okali v Suresh Sofat & 3 others [2020] KEELC 2533 (KLR)
✦ The Applicant's application is dismissed with costs to the 1st and 4th Respondents.
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Adriana Kaumi Mwarabu & another v Dennis Mwenda [2020] KEELC 2446 (KLR)
✦ The application for review is dismissed with costs to the respondent
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Alfred Juma Makanda v Alfred Ochorokod Omusolo [2020] KEELC 2209 (KLR)
✦ The court finds that the plaintiff is the registered proprietor of the land and that the defendant fraudulently obtained the title.