Kenyan case law
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Joseph M’Impwi M’Mauta v Ruth Nkirote Gitonga & another [2021] KEELC 2353 (KLR)
✦ The Court of Appeal found that the Appellant's jurisdictional challenge was valid and that the lower court lacked jurisdiction to hear the matter.
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Charles Ntiritu M’Ikunyua & 3 others v Stephen Robert Gitonga Njagi [2021] KEELC 2307 (KLR)
✦ The Plaintiffs' application is dismissed, and the Plaintiffs are ordered to write to the land registrar to request the registration of the transfer of the suit land in their favour.
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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.
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Republic v Land Adjudication and Settlement Officer Tigania East Ex parte Simon Mugambi Nabea; Alexander Meme Kajoi (Interested Party) [2021] KEELC 2297 (KLR)
✦ The Court grants the order of certiorari to quash the decision of the Land Adjudication and Settlement Officer, Tigania East District, in respect to Objection 42, issued on 13th April, 2017, in relation to Land Reference No. 9957 Karamana Adjudication Section of Tigania East Adjudication Area.
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Mazingira Welfare and Sports Association v Muturi S. K & Co. Advocates [2021] KEELC 2385 (KLR)
✦ The Court denies the application for enlargement of time to lodge a reference and for an order of stay of execution.
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Charles Kithiori Imwiti v Kinyua Koome [2021] KEELC 2316 (KLR)
✦ The court found that the allotment letter dated 9 February 1999 did not confer a proprietary right but only a right to be allocated the property. The court also noted that the trial magistrate's findings were based on no evidence and were not supported by the necessary procedural requirements.
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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.
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Charles Munga Kipsang v Patrick Telewa Nabiswa & another [2021] KEELC 2271 (KLR)
✦ The claim against the 1st defendant is dismissed with no orders as to costs. The plaintiff has acquired by way of adverse possession 3/4 of an acre out of the land parcels NO EAST BUKUSU/NORTH SANG’ALO/6573 and 6574. The 2nd defendant shall execute the transfer of the land in the plaintiff's name within 30 days of the judgment.
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Joshua Jaoko Oketch v Erastus Opiyo Otieno [2021] KEELC 4760 (KLR)
✦ The court declines to hear the application and dismisses it.
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Republic v Director of Land Adjudication & 4 others Ex parte Peter Munoru; Henry Kang’ethu & 4 others (Interested parties) [2021] KEELC 2295 (KLR)
✦ The application is allowed for review under Order 45 Rule (1) (1) and 2(1) of the Civil Procedure Rules due to apparent error on the face of the record.
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Borop Multipurpose Co-operative Society Limited v Doune Farm Limited & 6 others [2021] KEELC 2399 (KLR)
✦ The court finds that the suit is subjudice by virtue of ELC case No. 142 of 2019 and is barred by the provisions of section 7 of the Limitation of Actions Act.
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Clement Masanga Atonga v Lewkadia Milungi [2021] KEELC 2391 (KLR)
✦ This court has jurisdiction to hear and determine the matter on the grounds of res judicata, pecuniary value, and original jurisdiction.
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John Kirianyoni v Paul Ntomiaka M’mujuri [2021] KEELC 2371 (KLR)
✦ The appeal is dismissed. The judgment of the trial court is upheld.
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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
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Peter Odero Nyambok v Benard Odhiambo Omolo [2021] KEELC 2328 (KLR)
✦ The suit is not res judicata, and the defendant is not the legal administrator of the estate of Henry Omolo Odeko.
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Republic v Tigania East District Land Adjudication and Settlement Officer & another Ex parte Joseph Kubai Tarichia; Peter Mukondo (Interested Party) [2021] KEELC 2383 (KLR)
✦ The decision making process by the Land Adjudication and Settlement Officer was flawed and contrary to the provisions of Section 26 of the Land Consolidation Act.
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Laikipia North Natural Resources Suppliers & Builders Limited v Loata Sand Dealers Sacco Society Limited & another [2021] KEELC 2397 (KLR)
✦ The court overrules the 1st Defendant's preliminary objection and dismisses the appeal.
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Kampali Ole Kiok v Simon H Igecha Waithaka [2021] KEELC 2333 (KLR)
✦ Application for stay of execution was denied
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Alice Nyakinyua Gathambo v Elizabeth Muthoni Gacheche Jeane Wanjiku Gacheche Andrew Gathambo Gacheche (Sued as Administrators of the Estate of Gacheche Hosea (Deceased) & 2 others [2021] KEELC 2429 (KLR)
✦ The court finds that the Plaintiff's suit is not res judicata and that the Plaintiff is entitled to leave to amend the originating summons.
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Paul Mero v Waso Trustland Project [2021] KEELC 2298 (KLR)
✦ The Court does not find merit in the appeal and dismisses it with costs to the respondent
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Paul Kinoti Anampiu v Mwika Kanampiu M’ Akwalu & another [2021] KEELC 2303 (KLR)
✦ The appeal is allowed, and the judgment of the trial magistrate is set aside. The case is dismissed.
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Amondi & Co Advocates v County Government of Kisumu [2021] KEELC 2421 (KLR)
✦ The court allows the Notice of Motion and orders the respondent to pay the taxed costs of Kshs.1,922,708.00 with interest at 14% per annum from 8th August 2020 until payment in full.
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Kamkei Lenjirr v Kipila Nakola [2021] KEELC 2251 (KLR)
✦ The court finds that the Magistrates Court has jurisdiction to hear the case and that the Applicant's Notice of Motion is an abuse of process.
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Luka Ruteere & 2 others v Marcella Kinaitore Mwimbi [2021] KEELC 2382 (KLR)
✦ The Appellants' appeal is dismissed.
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Nyangi John Juma & another v County Government of Migori & 6 others [2021] KEELC 4761 (KLR)
✦ The petition is dismissed as fatally and irredeemably incompetent and ought to be struck out