Kenyan case law

Peter Mwangi Gacheru v Chania Travellers Co-operative & Credit Society Ltd & 2 others [2021] KEELC 2208 (KLR)

✦ The Court finds the Notice of Motion Application merited and allows the prayers for a temporary injunction and a mandatory injunction.

Kenneth Ngure Mwaura & another v Rubis Energy Kenya & 2 others [2021] KEELC 2241 (KLR)

✦ The Court dismissed the Petitioners' Petition and Application, finding that the 3rd Respondent has complied with relevant laws and regulations.

Menelik House Limited v Francis Odumbe Osodo [2021] KEELC 2365 (KLR)

✦ The Originating Summons and Notice of Motion are an abuse of the court process and are struck out with costs to the defendant.

Republic v District Land Registrar Kisii County & 2 others Ex-Parte;Richard Nyabando, Elijah Nyagami Gai (Interested Party) [2021] KEELC 2215 (KLR)

✦ The matter is both res judicata and sub-judice, and the application is struck out with costs to the Interested Party.

Abdala Ali Abdulraham v Ministry of Lands, Planning, Housing, Mombasa County & 5 others; Mahmood Haiderlu Khimji & another (Interested Parties/Applicants) [2021] KEELC 2041 (KLR)

✦ The court found that the orders were not capable of being disobeyed and that the respondents were not served with the orders.

Peter Ng’ang’a Wamaitha v Geoffrey Maina Wachira & another [2021] KEELC 2201 (KLR)

✦ The Court finds the application merited and allows it, with costs to the applicant.

Joshua Chegenjoroge v Ann Wanjirumwaura & Virginia Wambuimwaura (Environment & Land Case 201 of 2017) [2021] KEELC 2169 (KLR) (29 July 2021) (Ruling)

✦ The application for substitution is defective, incompetent and bad in law. The suit has abated and the costs incurred by the defendants in defending the suit are to be recovered from the estate of the deceased plaintiff.

Philip Jalango v Ryan Properties Limited [2021] KEELC 2247 (KLR)

✦ The court finds in favor of the Plaintiff for the balance of the purchase price withheld by the Defendant, plus interest, and awards damages for the loss of investment bargain.

Ruth Wambui Njenga v John Kamau Ndugire & another [2021] KEELC 2352 (KLR)

✦ The application is dismissed with costs to the plaintiff/respondent.

Mwaura Karuga v Apollo J. Karuga & another [2021] KEELC 2342 (KLR)

✦ The application is unmerited and will be struck out.

Kenia Realty Limited v Salome Wairimu Miano & 3 others [2021] KEELC 2360 (KLR)

✦ The Preliminary Objection is dismissed with costs to the Applicant

Joshua Ngeno v Kenya Power & Lighting Company Limited & County Government of Kericho [2021] KEELC 2407 (KLR)

✦ The Plaintiff is the owner of the suit land and the Defendants trespassed on his land by erecting electricity poles and laying water pipes without his consent.

Republic v Land Registrar, Rachuonyo East, South and North Sub Counties Ex Parte Otieno Kennedy Tindi [2021] KEELC 2325 (KLR)

Hellen Nyaboke Nyabiosi v George Nyariki & 2 others [2021] KEELC 2238 (KLR)

✦ The court found that the Defendants had built structures on the Plaintiff's property and that parcels 43 A and 43 B were subdivisions of parcel 43, which was 200m away.

Samuel Lubanga v Benard Ouma Ogur [2021] KEELC 2326 (KLR)

✦ The court grants the appellant's appeal and orders the transfer of the suit land to the appellant, awards costs, and sets aside the trial court's judgment.

David Maina Mwangi & 2 others v John Kamau Kamara & another;Cooperative Bank of Kenya Limited (Garnishee) [2021] KEELC 2336 (KLR)

✦ The chamber summons is incompetent and struck out with no orders as to costs.

Silas Biyogo Ondimu v Monicah W. Mundara, Sortmasters Investment Limited & Rent Restriction Tribunal (Environment & Land Case E152 of 2020) [2021] KEELC 2369 (KLR) (Environment and Land) (29 July 2021) (Ruling)

✦ The Notice of Motion dated 16th October 2020 together with the plaint dated the same date are hereby struck out with costs to the 1st and 2nd respondents.

Lucy Wambui Munyaka v Peter Njenga Waweru [2021] KEELC 2294 (KLR)

✦ The appeal is allowed, and the ruling of the learned Magistrate is set aside with costs to the Appellant.

Douglas Oribu Matoke v William Sagini Oribu [2021] KEELC 2276 (KLR)

✦ The Plaintiff's suit is dismissed as the Plaintiff has not proved his case on a balance of probabilities.

James Gachrimwangi v John Waweru Muriuki & 3 others [2021] KEELC 2184 (KLR)

✦ The court denied the Plaintiff's application for a temporary injunction.

Johnson Nyamatari Nchore v Mary Aure [2021] KEELC 2368 (KLR)

✦ The court finds that the plaintiff has established his claim against the defendant on a balance of probabilities and enters judgment in his favor against the defendant.

Julius Kathurima K v Julius Mwongera [2021] KEELC 2346 (KLR)

✦ The learned Chief Magistrate erred in allowing the sanitization of an alleged illegality and the Respondent's beneficial interest in the suit property was not proven.

Peter Kiambi Manyara v Gidion M’ithima & 2 others [2021] KEELC 2314 (KLR)

✦ The appeal is dismissed, and the judgment of the trial magistrate is upheld.

Dominic Kioko Mutua v Elizabeth Muthina Makarai & 4 others [2021] KEELC 2018 (KLR)

✦ The application is allowed in terms of prayers (e), (f) and (g) thereof.

Daniel K M Masakha v Family Bank Limited, Antique Auctions & Mashinani Distributors Ltd [2021] KEELC 2039 (KLR)

✦ The plaintiff's application for a temporary injunction is allowed in terms of prayer 3 thereof