Kenyan case law

Alice Wacheke Muiruri v Peter Irungu Karanu [2019] KEELC 2337 (KLR)

✦ Appellant’s Notice of Motion is unmerited, and the appeal will be set down for hearing expeditiously

Preskila Atieno Majiwa v Erick George Halwenge & another [2019] KEELC 1866 (KLR)

✦ The application is merited and the respondents' preliminary objection is without merit.

Meshack Abok Waga v Ernest Ondoro Juma [2019] KEELC 1850 (KLR)

✦ The suit is barred by sections 4 and 7 of the Limitation of Actions Act (Cap 22) and is res judicata under section 7 of the Civil Procedure Act (Cap 21). The plaintiff's suit is hereby struck out with costs to the defendant.

John Mwangi Kanyi v John Mutunga Mwangi [2019] KEELC 2382 (KLR)

✦ The court found that the plaintiff is the lawful owner of Plot Number M75.1 Umoja 1 Infills and awarded him a permanent injunction against the defendant and his agents/servants from interfering with his occupation of the plot. The plaintiff is also awarded costs of the two suits.

Pauline Wanjiku Ndegwa v Margaret Magiri Mwangi [2019] KEELC 2474 (KLR)

✦ The application is allowed, the application dated 21st February 2019 is reinstated, and costs are payable by the Plaintiff/Applicant.

Joseph Simiyu Mulongo v Josephat Welemba & 3 others [2019] KEELC 2475 (KLR)

✦ The court orders the plaintiff to amend his pleadings to join Timothy Nyongesa Wandabwa as the 1st defendant. Wandabwa is to be served with the amended pleadings seeking specific performance of the agreement and registration of the land in the plaintiff's name. Wandabwa is to be served by advertisement within 45 days.

Arcadius Njora Chege v Geoffrey Muchiri [2019] KEELC 2403 (KLR)

✦ The Plaintiff/Applicant's application is dismissed as the dismissal was due to non-attendance and the Plaintiff/Applicant's counsel's lateness was not due to unavoidable circumstances.

Joram Adala Okubi v Samuel Malera Lukiri (suing for and on behalf of the estate of Musa Oundo Musala) [2019] KEELC 2373 (KLR)

✦ The Respondent has the requisite legal capacity to bring the suit as he has a grant Ad Litem issued to him.

Musana Ole Pere & another v District Land Adjudication Section and Settlement Officer-Narok South & 23 others;Paramalai Pere & another (Interested Party) [2019] KEELC 2393 (KLR)

✦ The preliminary objection is upheld, and the petition is struck out for non-compliance with the provisions of section 30 of the Land Adjudication Act.

Margaret Njeri Wachira v Eliud Waweru Njenga [2019] KEELC 2306 (KLR)

✦ The application is allowed. Costs are payable by the Applicant.

John Kiplel Kipchumba v Catherine Kabon & 3 others [2019] KEELC 2319 (KLR)

✦ The court found that the plaintiff is not the registered owner of the suit land and that the defendants are not trespassers. The court also found that the plaintiff has not proven any loss of harvest and is not entitled to compensation.

Margaret Njeri Gathu v Anthony Githaiga Kabaru [2019] KEELC 2334 (KLR)

✦ The application is dismissed as the Plaintiff/Applicant's counsel was late due to unavoidable circumstances and the application was dismissed for non-attendance.

Hawa Abdilahi v Isaac Ndege Arap Chumbo (Sued as the Legal Administrators of the Estate of Malakwen A.Chengo (Deceased); Peter Tanui & 3 others (Intended Interested Parties) [2019] KEELC 2310 (KLR)

David Anunda v John Karu (Sued on his own Capacity and as the Chairman of Kilelelshwa Githunguri Road Residents Association) & 2 others [2019] KEELC 2342 (KLR)

✦ The Court found in favor of the Plaintiff on all issues.

Robella Betty Ayode Omaido v Eliphineas Jackson Ekim Omaido; Eshikhoni Auctioneers & 2 others (Respondents) [2019] KEELC 2388 (KLR)

✦ The court found that the respondents did not follow the due process of the law during the simultaneous proclamation and attachment of the plaintiff's property.

Catherine Hwere v Julius Kipyegon Koech & another [2019] KEELC 2463 (KLR)

✦ The court orders the suit to be set down for hearing to determine the way forward.

Cove Investments Limited v Johana Kiprotich Rono & Joseph Rono Langat as the Legal Representatives of the Estate of Mathias Kimnyole Langat & another [2019] KEELC 2428 (KLR)

✦ Notice of Motion dated 31st July 2018 is dismissed with costs to the petitioner. The petitioner is granted leave to amend the petition herein to incorporate a prayer for declaration of trust and compensation for loss and damage suffered by the petitioner.

James Njenga Burugu v Christopher Kamau Burugu [2019] KEELC 2387 (KLR)

✦ The court finds in favor of the plaintiff and orders the transfer of the suit property to the plaintiff.

Ruth Cheruiyot & another v Samuel Soitanae ole Koriata & another [2019] KEELC 2396 (KLR)

✦ The court finds no inordinate delay and grants the application to set aside the order for dismissal and reinstate the suit.

Obed Readon Onyango v Florence Juma Nabiswa & another [2019] KEELC 1915 (KLR)

✦ The court finds that the plaintiff is the owner of Plot No. 225, which is part of Chepkorok Farm. The defendants have encroached on the plaintiff's land.

Kuria Kihara Waithaka & 2 others v John Joseph Tito [2019] KEELC 2372 (KLR)

✦ The interlocutory judgment is set aside, and the Defendant is granted leave to file his Defence out of time.

David Njuguna Mwangi v Peter Maina Ngatia [2019] KEELC 2385 (KLR)

✦ Judgment in favor of the plaintiff, declaring him the lawful allottee and issuing injunctions and orders as stated.

Christopher Kurutyon Lonyala v County Government of West Pokot [2019] KEELC 2041 (KLR)

✦ Petitioner is not entitled to the reliefs sought and the petition is dismissed with costs

Mary Wanjiku Ndichu v Allan Kimani [2019] KEELC 2418 (KLR)

✦ Chamber Summons dated 17th September 2018 is dismissed with costs to the plaintiff

Electrical Marketing (Wholesale) Ltd v Nairobi City County & 2 others [2019] KEELC 1982 (KLR)

✦ The court allows the appeal and sets aside the orders made for the sale of L.R. No. 209/8323 by way of public auction on 30/8/2011 and all subsequent orders relating to the Suit Property.