Kenyan case law
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Kenya Commercial Bank Ltd v Alcon Holdings Limited [2021] KEELC 2373 (KLR)
✦ The court finds no merit in the application and dismisses it with no order as to costs.
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Mohamed Mohamed Mwabungare v Binti Omar Mohamed & another [2021] KEELC 2048 (KLR)
✦ The application is dismissed with costs to the respondent.
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Andrew Oponyo Mulama & another v Samuel Omulama Amakanji & another [2021] KEELC 2465 (KLR)
✦ The court finds the plaintiffs have not been in exclusive, continuous and uninterrupted possession of the land for a period in excess of 12 years, thus failing to establish their case on a balance of probabilities against the defendants.
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David Wekesa Wanyonyi & another v Bero Ogaro [2021] KEELC 2460 (KLR)
✦ The plaintiffs have established their case on a balance of probabilities and are entitled to a declaration that the defendant's right over the land has been extinguished by adverse possession.
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Kiroket Ole Tanin & another v Land Registar, Narok County & another; National Land Commission (Interested Party) [2021] KEELC 2185 (KLR)
✦ The application is dismissed with no orders as to costs as the applicants have not fully exhausted the avenues for remedy as contemplated under Section 30 of the Land Adjudication Act.
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John H Mwanzi v Richard Luangali Amita [2021] KEELC 2451 (KLR)
✦ The court finds in favor of the plaintiff, ordering eviction and opening a blocked access road.
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James Brown Mbasu v Stephen Werangai Tali & another [2021] KEELC 2443 (KLR)
✦ The court ordered a permanent injunction restraining the defendants from intimidating, harassing, threatening, interfering and/or evicting the plaintiff from the parcel of land L.R. No. S/Kabras/Bushu/4094.
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Jeffer Shariff Omar & another v Omar Adan Sambul [2021] KEELC 2410 (KLR)
✦ The court granted the stay of execution of the judgment in Kajiado CMCC 206 of 2017 pending the hearing and determination of the instant Appeal.
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Neshiro Noonkipa Kukuu v Daniel Tobiko Kukuu & 5 others [2021] KEELC 2218 (KLR)
✦ The court dismisses the application for lack of jurisdiction with no orders as to costs.
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Alice Wambui Nganga v John Ngure Kahoro [2021] KEELC 2441 (KLR)
✦ The Application is granted only in terms of prayer no. 1 (granting leave to change advocates). The other prayers are dismissed.
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Nkama Group Ranch & 8 others v Jeremiah Ole Risa [2021] KEELC 2449 (KLR)
✦ The Court grants the application to enlarge time to file and serve the Application and Reference herein from the Ruling of the Deputy Registrar delivered on 29th March, 2021.
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Jennifer Kaindi Kithure v Magondu M’igweta, Grace Kabuko Nyungu & Land Settlement Officer Tharaka District (Environment and Land Appeal 1 of 2020) [2021] KEELC 2454 (KLR) (26 July 2021) (Judgment)
✦ The appeal is dismissed regarding ground 1, as the trial court's finding that the plaintiff was in actual possession of the suit property is upheld. Ground 2 is upheld, as the trial magistrate erred in law and fact by proceeding unprocedurally without the presence of parties in court.
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Dekoma Slaughter House Meat Vendors & Livestock Dealers Co-operative Society v Maina Mamo Mato [2021] KEELC 2461 (KLR)
✦ The Honorable Court ordered the setting aside of the Honorable Court's Orders dismissing the appeal for want of prosecution and reinstated the appeal for hearing and disposal.
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Robert Mukembu Meeni v Mutugi Cimba & 2 others [2021] KEELC 2467 (KLR)
✦ The court dismissed the appellant's appeal, finding that the appellant's application did not satisfy the ingredients of Order 45(1) of the Civil Procedure Rules and that the appellant's conduct could not be remedied by Article 159(2)(d) of the Constitution.
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Daniel Kisheu Letaari & 2 others (suing as legal representatives of the Estate of Nataari Kilenyi Supeyo) v George Ngure Kariuki & 3 others; County Government of Kajiado (Interested party) [2021] KEELC 2448 (KLR)
✦ The court denied the Plaintiffs' application for temporary injunction.
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Samuel Ndungu Ngugi & others v Chief Land Registrar & another [2021] KEELC 2439 (KLR)
✦ The Court finds that the two matters involve common issues of facts and law and should be consolidated.
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Priscilla Warui Nyaga v Joseph Njoka Kaara & another [2021] KEELC 2126 (KLR)
✦ The Court found the Plaintiff's suit properly before the Court and that the Plaintiff holds the Suit Land in trust for the estate of Beatrice Wanja Kaara, the Defendants, and the estate of Angelus Muriithi Kaara.
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Octavio Ndambiri & 4 others v Simon Gachoki Mugo [2021] KEELC 2108 (KLR)
✦ The application for substitution is allowed, the orders of stay are reinstated and extended, the application for additional evidence is declined, and the supplementary record of appeal is struck out.
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Elijah Githinji Gachuki & 2 others v Stanley Mugo Muriuki [2021] KEELC 2124 (KLR)
✦ Each party to bear her costs of this suit.
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Kantilal L. Dodhia v Jane Mmbaitha t/a Scope International Designers [2021] KEELC 2462 (KLR)
✦ The originating summons is fatally defective and cannot be sustained. The second ground of objection is disallowed as it cannot be canvassed on the platform of a preliminary objection.
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Anne Muthoni Kanyeki & another v Nyaga Gichenge & 3 others [2021] KEELC 2119 (KLR)
✦ The order cancelling the new titles is vacated, and the original titles are reinstated.
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Inoi Farmers Co-operative Society Ltd v Kaitheri Housing Co-operative Society Ltd [2021] KEELC 2099 (KLR)
✦ The Court found the land transfer to be valid and upheld the Tribunal's decision.
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Mbiiri Kamau (Representing A.C.K Kitharaini Church, the Church Commissioners for Kenya Trustees of the Anglican Church of Kenya) v Munyangia Njoka & 2 others [2021] KEELC 2116 (KLR)
✦ The Court finds that the Plaintiff has failed to defend the manner in which the suit property was acquired and that the veil of indefeasibility of title has been successfully pierced by the 1st Defendant. As such, the reliefs sought by the Plaintiff cannot be granted.
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Ndovu Estates Limited v Peter Lemeria Ole Ntutu [2021] KEELC 2267 (KLR)
✦ The court directs that the defendant's witness statement, signed by himself, be filed and served within 14 days, and it should not contain anything more than what is contained in the disputed witness statement.
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Ollin Savings & Credit Co-op Society Ltd v Patrick Njiru Kuria [2021] KEELC 2121 (KLR)
✦ The court dismissed the Defendant's application to amend the defense and counterclaim, finding that the amendments would obscure the real issue for determination and cause injustice to the Plaintiff.