Kenyan case law
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Benson Longor Ebei v County Executive Committee Ministry of Land, Housing & Urben Development, Turkana County & another [2019] KEELC 2447 (KLR)
✦ The court grants the application for a temporary injunction, finding that the plaintiff has a prima facie case and that eviction would cause undue loss.
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Sylas Njeru M’Rithaa v M’Rithaa Thaara (Environment and Land Appeal 5 of 2019) [2019] KEELC 2543 (KLR) (15 July 2019) (Ruling)
✦ The court summarily rejected the appeal, finding that the suit is res judicata and that the plaintiff is not entitled to the orders sought.
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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.
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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.
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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.
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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.
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Lydia Muthoni Kamau v Director General, Kenya Agricultural & Livestock Research Organisation & another [2019] KEELC 2453 (KLR)
✦ The plaintiff's Notice of Motion dated 13th September 2017 is dismissed with costs to the defendants. The defendant's Notice of Motion dated 27th September 2017 is overtaken by events and needs no consideration.
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Philip Kipkemboi Letting v Barnabas Nyakundi [2019] KEELC 2028 (KLR)
✦ Plaintiff's suit is dismissed with costs
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Samwel Chelule Koech v Kenya Forest Services [2019] KEELC 2347 (KLR)
✦ The court found the Plaintiff's suit not time barred and the sale agreement was not rendered unlawful due to lack of consent from the Commissioner of Lands.
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Francis Duncan Njeru (suing as the Legal Representative of Magdaline Wangui Njeru (Deceased) v Mary Margaret Waweru & 7 others [2019] KEELC 2149 (KLR)
✦ The case is dismissed with costs to the defendants.
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Simon Ngao Mbithi v Daniel Kiilu Ngomo (Environment & Land Case 313 of 2009) [2019] KEELC 1881 (KLR) (12 July 2019) (Ruling)
✦ The Plaintiff/Applicant's Notice of Motion is dismissed with costs.
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Priscillah Muthoni Njagi v John Muriithi Kariuki [2019] KEELC 2246 (KLR)
✦ The court held that the defendant holds land parcel No. BARAGWE/THUMAITA/1406 in trust for the plaintiff and that the trust be determined and the defendant do transfer land parcel No. BARAGWE/THUMAITA/1406 to the plaintiff.
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Ole Unua Tonkei & 17 others v Suka Ole Nkoyiei & 3 others [2019] KEELC 2327 (KLR)
✦ The court dismissed the application and ordered the OCS Kilgoris Police Station to enforce the order of the court.
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Duncan Ngari Kananda v County Government of Kirinyaga [2019] KEELC 2201 (KLR)
✦ The suit must fail and be dismissed.
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Richard Kyalo Makau v Peterson Mbuva Kioko & 2 others; Eastern Properties Limited (Interested Party) [2019] KEELC 2415 (KLR)
✦ The court finds in favor of the Plaintiff, declaring that the Defendants hold the portion of 35 acres in parcel number 3/2241 in trust for the Plaintiff and ordering mesne profits.
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Johnstone Kyalo Wathi v Robert Mumina Samuel & 2 others [2019] KEELC 2359 (KLR)
✦ The Plaintiff's suit is not null and void, and the court retains jurisdiction.
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Joyce Wangari Mwangi v Shaban Gakere Bhakari [2019] KEELC 2405 (KLR)
✦ The Plaintiff's claim is dismissed with costs, and the Defendant's counterclaim is allowed with costs.
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Nawaz Abdul Manji & 4 others v Vandeep Sagoo & 8 others [2019] KEELC 2362 (KLR)
✦ The court denied the applicants' request for a stay of execution.
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Josphat Mwangi Mwea v Lawrence Wachira Ngirigacha & another [2019] KEELC 2154 (KLR)
✦ The Court of Appeal dismissed the appeal, upholding the trial court's judgment that the Appellant failed to prove fraud and that the 1st Respondent had a good title to the land.
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Patrick Njenga Mburu & 98 others v National Environmental Management Authority & 6 others [2019] KEELC 2426 (KLR)
✦ The Court finds that it has jurisdiction to deal with the matter and dismisses the preliminary objections of the Defendants.
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Abdi Nasir Sheikh Osman v Narok County Government [2019] KEELC 2348 (KLR)
✦ The court finds that there is no need to preserve the subject land by maintaining the status quo, as the Plaintiff/Applicant did not demonstrate any threats of future demolition actions.
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Philip Kiptanui Rugut & 2 others v National Environment Management Authority & 3 others [2019] KEELC 2402 (KLR)
✦ The court will make a site visit of Kipsigis Highlands Tea Factory and the surrounding area before the hearing and determination of the petition.
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Mukulu Kaula & another v Agnes Milele & 3 others [2019] KEELC 2383 (KLR)
✦ The Application for substitution of the deceased Plaintiff is struck out with costs as the suit has abated due to the Plaintiff's death and the failure to revive the suit within one year.
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Dominic Katua Nzioki & 2 others v Ziba Trustees Limited & another [2019] KEELC 2445 (KLR)
✦ The applicants have not established a prima facie case of adverse possession.
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Avid Developers Limited v Blue Horizon Properties Ltd & 2 others [2019] KEELC 2365 (KLR)
✦ The application is allowed entirely with costs to the Applicant to be borne by the 1st Defendant/Respondent. The proposed Amended Plaint to be filed within a period of 14 days from the date hereof.