Kenyan case law
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Samuel Ngigi Gituere v Boniface Karogo (Environment & Land Case 574 of 2017) [2020] KEELC 2619 (KLR) (18 May 2020) (Ruling)
✦ The Defendant's statement of Defence and Counterclaim should be struck off.
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Registered Trustees of Redeemed Gospel Church v Umoja Residents Association (Sued through its officials, P.S Kinyanjui (Chairman) Arkipo Onyango (Secretary) and Richard Kavemba (Committee Member)) & another [2020] KEELC 2591 (KLR)
✦ The court held that the plaintiff did not acquire the suit property lawfully and does not hold a valid title over it. The court also found that the defendants did not interfere with the plaintiff's quiet enjoyment of the property. The court dismissed the plaintiff's claims and ordered the defendants to pay the plaintiff's costs.
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Patrick Masila Malu & 2 others v Gideon Mwaka Kiveke [2020] KEELC 2626 (KLR)
✦ The Application for stay of proceedings is unmeritorious and is struck out with costs.
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Chigwell Holdings Limited v National Land Commission & 3 others [2020] KEELC 2605 (KLR)
✦ The Plaintiff's claim is limited to compensation, which it should pursue in the main suit.
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Kiran Kumar Chandubhai & another v National Land Commission & 3 others [2020] KEELC 2636 (KLR)
✦ The court disallows the application for a temporary injunction and with no order as to costs.
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Mbithi Muyanga & 4 others v Muthusi Ndeto & another [2020] KEELC 2489 (KLR)
✦ The Application is dismissed with costs.
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Crawford Kioko Matheka & 3 others v Francis Muoka Matheka & another; Susan Ann Karanja (Interested Party) [2020] KEELC 2606 (KLR)
✦ The court declines to allow the applicants' prayer for filing the intended Memorandum of Appeal out of time and dismisses the notice of motion with costs.
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Joseph Munyao Mutua & another v Attorney General [2020] KEELC 2628 (KLR)
✦ The Petition is struck out with costs as the Petitioners should have sued the National Land Commission.
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Lakeview Investments Ltd v John Paul Odero (Sued as the Chairman, Nairobi Kenya Secondary Schools Heads Association [2020] KEELC 2624 (KLR)
✦ The Plaintiff's Director, Joseph Oduor Okwaro, is in contempt of the orders of the court dated 25th January, 2019.
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Kivuva Maundu Muinde v Musau M. Muinde [2020] KEELC 2630 (KLR)
✦ The Appellant will suffer substantial loss unless the order of the lower court is stayed, and an order for stay of execution should issue.
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Joseph Ndambuki Kioko v Stanley Muia Makau [2020] KEELC 2627 (KLR)
✦ The Application for an order of stay of execution is dismissed but with no order as to costs.
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Michael Mutua Mutuku t/a Sunrise Secondary School v Philip Makanga c/o Victory Faith Ministries & another [2020] KEELC 2633 (KLR)
✦ The Application is allowed. The suit is reinstated and fixed for hearing in the registry on priority basis.
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Charles Steven Mbindyo v Justus Wainaina Njuguna, Chief Land Registrar & Attorney General (Environment & Land Case 460 of 2017) [2020] KEELC 2623 (KLR) (15 May 2020) (Judgment)
✦ Plaintiff's claim is allowed, and a declaration is issued that he is the bona fide and registered owner of the suit property.
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County Government of Nyeri v Benson Warui & another [2020] KEELC 2632 (KLR)
✦ The Application for stay of execution of the ex-parte judgement in Nyeri CM EC No. 27 of 2018 delivered on the 19th November 2018, in favour of the 1st Respondent herein, pending the hearing and determination of the Appeal is dismissed.
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Registered Trustees of the National Council of Churches of Kenya v Chief Land Registrar & 2 Others [2020] KEELC 2625 (KLR)
✦ The Court held that the restrictions were placed on the land for purposes of prevention of fraud or improper dealing, and that the restrictions were valid.
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Kyalo Tuta (Suing as the legal representative of the Estate of Wanza Tuta – (Deceased) v Titus Wamba Ngoloma & 2 others [2020] KEELC 2610 (KLR)
✦ The Court finds in favor of the Defendants, ruling that the Plaintiff's deceased mother was allocated plot number 372, not plot number 370.
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Sterling Ventures Limited v National Land Commission & 3 others [2020] KEELC 2602 (KLR)
✦ The Plaintiff's claim for a temporary injunction is disallowed, but the Plaintiff is entitled to pursue compensation in the main suit.
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Anthony Ngari Kiura v Anthony Ngari Ireri & 6 others [2020] KEELC 2028 (KLR)
✦ The Plaintiff's application for an interlocutory injunction is denied, and the 6th Defendant is not legally obligated to supply the Plaintiff with copies of the documents sought in the application.
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Church Commissioners For Kenya v National Land Commission [2020] KEELC 2394 (KLR)
✦ The Petitioner's rights under Articles 47, 48, and 50 of the Constitution were not violated.
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Kosgey & Mesese Advocates v Board Of Trustees National Social Security Fund (Landlord) & another [2020] KEELC 2662 (KLR)
✦ An order of injunction is issued restraining the respondents from conducting distress for rent, evicting, harassing, altering tenancy terms, or interfering with the applicant's quiet use, occupation, and enjoyment of its office premises on the 19th floor of Hazina Towers, Nairobi, pending the hearing and determination of the appeal.
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Paradise Safari Park Limited v Attorney General & another [2020] KEELC 2522 (KLR)
✦ The court orders the documents to be availed within 60 days and allows the amendment of the defence.
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Peter Ochieng Odundo & Another v Savanna Development Company Ltd [2020] KEELC 2554 (KLR)
✦ The plaintiffs are declared the bona fide purchasers and entitled to a transfer of the property. A permanent injunction is issued to prevent the defendant from interfering with the property. Nominal damages are awarded for breach of contract.
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Mary Njeri Kinuriu v John Njoroge Kimotho & 2 others [2020] KEELC 2629 (KLR)
✦ The ruling of the LDT is set aside, and the parties are ordered to mark the boundaries and determine any encroachment
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John Kimani Mwangi v Peris Owala & another [2020] KEELC 2707 (KLR)
✦ The application is dismissed as the applicant has failed to satisfy the requirements set out under Order 42 Rule 6(2) of the Civil Procedure Rules.
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Jane Muchiku Kimemia v John Mwenja Ngumba [2020] KEELC 2375 (KLR)
✦ The agreement was lawfully rescinded and the Plaintiff is not entitled to specific performance. The Plaintiff is entitled to a refund of Kshs.10,000/= with interest and the deposit paid less the 10% forfeited to the Defendant.