Kenyan case law
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Betty Kajuju and George Kiremu Mutwiri (through the Donee of the power of Attorney) & another v Richard Munene Mworia [2019] KEELC 2352 (KLR)
✦ The application is dismissed with costs, and the interim orders are vacated.
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Julius Mbae Muremera v Zipporah Wanja Kinyua [2019] KEELC 2335 (KLR)
✦ The court grants the application for a stay of execution of the decree pending the appeal and maintains the status quo.
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Sammy Gituru Maganjo v Rebecca Wangithi Ndimu& 2 others [2019] KEELC 2216 (KLR)
✦ The Court allowed the appeal and ordered that the Appellant be given a right to be heard in the circumstances of the case.
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Moses Kithinji Mugambi v Josephine Ndumba Riiria & 3 others [2019] KEELC 2309 (KLR)
✦ The court dismissed the application to reinstate the suit, finding that the dismissal was not due to non-service of the hearing date, and the plaintiff's inaction justified the dismissal.
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Benjamin Mwanzia Wambua (Suing as the Legal Representative of Mukui Wambua Maingi) v Stephen Kimeu Kimanga [2019] KEELC 2400 (KLR)
✦ Application dismissed with costs to the Plaintiff/Respondent
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Issa Mganga Mwaguya & 2 others v Macharia Karago & another [2019] KEELC 1810 (KLR)
✦ The appeal is allowed, and the orders of the learned magistrate are set aside. The suit proceeds on merit by a different magistrate.
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Samson Muriungi Mwirebua v Silas Kimathi Mutonga & another [2019] KEELC 2293 (KLR)
✦ The Petition is dismissed with costs to respondents.
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Tom Rading Kuyoh v Joshua Nyiera Chairman of Fera Association; Nairobi City County (Interested Party) [2019] KEELC 2338 (KLR)
✦ The application is dismissed for being an abuse of the process of the court and for lack of merit.
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PJ Dave Flowers Limited v Limuru Hills Limited & another [2019] KEELC 2390 (KLR)
✦ The Plaintiff's application for an injunction is dismissed, and the 2nd Defendant's application is allowed.
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Sevelina Kairigo M’miriti & Agnes Nyai Samuel v Japhet Miriti M’mwengwa [2019] KEELC 2360 (KLR)
✦ Application for removal of cautions is dismissed as there is no active suit.
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Moses Ogutu v Johnstone Otieno Olondo & 3 others [2019] KEELC 2473 (KLR)
✦ The court finds that the Plaintiff has reasonable cause for not taking steps to prosecute the suit for over twelve months and sets aside the order of dismissal.
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Boniface Omulo Omolo v Registered Trustees Dala Hera Church [2019] KEELC 2462 (KLR)
✦ The court finds that the Plaintiff has made a prima facie case for a temporary injunctive order and that the Defendant will pay the costs.
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John Awour Abila v Joanes Ojwang [2019] KEELC 1852 (KLR)
✦ The appeal is dismissed with costs to the respondent.
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Samuel Busiega v Jane Jemaiyo Ng’arng’ar (sued as the Legal Administrator of the Estate of William Eliud Nga’rnga’r (Deceased) [2019] KEELC 2222 (KLR)
✦ The suit is struck out with costs to the defendant
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Joanes Odhiambo Migwala v Isaac Owuocha & 3 others [2019] KEELC 1851 (KLR)
✦ The application is dismissed. The orders of 27th June 1996 and the subsequent surveyor's report remain binding on the plaintiff and the defendants.
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Esther Muthoni Gathungu v Lucy Njeri (Sued as the administrator of the estate of Kamau Gathungu Mbiriri) [2019] KEELC 2340 (KLR)
✦ The Court grants the application for amendment of the Judgment and Decree.
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Jacob Omondi Nyambega & 5 others v Victoria Comfort Inn & 4 others [2019] KEELC 2454 (KLR)
✦ The court restrains the plaintiffs from erecting any new structures or further developments on the suit land pending the hearing and determination of the suit.
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Joram Ole Sankei v Esther Moraa Gwako & 26 others [2019] KEELC 2433 (KLR)
✦ The application is allowed, and the Defendants are granted leave to amend their defence to include a counterclaim. An injunction is granted to restrain the Defendants from selling, leasing, disposing, or dealing with the Plaintiff's occupation of the land.
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Mary Makoffu & another v Canuck Holdings Limited & 4 others [2019] KEELC 2376 (KLR)
✦ The court finds that the plaintiffs do not have a prima facie case against the 3rd defendant, who is the current registered proprietor of the suit property. The plaintiffs' notice of motion seeking a temporary injunction is declined.
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John Mageto Nyachieo v Regional Surveyor – Nakuru & 4 others [2019] KEELC 2401 (KLR)
✦ The court orders the respondents to cause rectification of the 21st edition of the Registry Index Map to reflect the true position of land parcel Nakuru/Molo (Kapsita) 97.
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Dorsila Ajuoga Owuor & 2 others v Samson Isaac Otieno Osino & 4 others [2019] KEELC 2316 (KLR)
✦ The court found that the petitioners have made a reasonable case for the issuance of orders of stay of proceedings, execution, and temporary injunction at this interlocutory stage.
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Douglas Onyango Olak & 2 others v David Ondeng & another [2019] KEELC 2456 (KLR)
✦ The Plaintiffs' claim is upheld, and the Defendants are ordered to rectify the register and pay mesne profits.
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Julia Kinanu Miriti v Nicodemus M’inoti M’itwaruchiu [2019] KEELC 2361 (KLR)
✦ The court dismisses the application and orders that restrictions on parcel 408 be removed, but cannot enforce the terms of the consent judgment as they were not contained in the original judgment.
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Kirobon Farmers Co. Ltd v Benjamin Kibiwot Chesulut & another [2019] KEELC 2449 (KLR)
✦ The application for an interlocutory injunction is dismissed with costs to the 1st defendant.
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Charanjit Singh Bhamra v Leonard Ochieng & another [2019] KEELC 2431 (KLR)
✦ The Plaintiff's motion is dismissed with costs.