Kenyan case law
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Republic v Principal Magistrates Court at Milimani & another Ex parte Applicant Nuh Abdille Hassan; Halima Mahmood Ali (Intersted Party) [2021] KEELC 2442 (KLR)
✦ The ex-parte order is vacated and the matter is listed for interpartes hearing before Okongo J.
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Beatrice Wanjiru Warui v Esther Micere Nyumu & another [2021] KEELC 2079 (KLR)
✦ The court found in favor of the applicant, declaring that she has acquired the land by adverse possession and registering her as the proprietor.
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Lirian Ole Sekenyo & another v Naikisi Ole Muntet & 11 others [2021] KEELC 2242 (KLR)
✦ The court finds that the plaintiffs have not proven fraud in the allocation and subsequent registration of the land, and dismisses the suit with costs to the defendants.
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Damarice Njeri Kaniaru v Daniel Mbugua Mwangi & another; Titus Kamanja Kaniaru (Intended Substituted Party/Applicant) [2021] KEELC 2096 (KLR)
✦ The court finds that the Plaintiff is competent to testify in court and is not fit to be substituted by the Intended Substituted Party/Applicant.
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Anthony Kabiru Kabuku v Mwende Wamugunda & 3 others [2021] KEELC 2095 (KLR)
✦ The appeal is dismissed for want of prosecution, but the court orders that the appeal be set down for hearing at the earliest time.
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Teresia Mabuti Njagara v Njagara Ngure (Environment & Land Case 256 of 2013) [2021] KEELC 2094 (KLR) (23 July 2021) (Ruling)
✦ The Land Registrar Siakago is directed to exercise the powers provided under Section 78(1) of the Land Registration Act, No. 3 of 2012 and Section 31(1) of the Land Registration Act, No. 3 of 2012. Costs are to be borne by the Plaintiff/Applicant.
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Milka Muthoni Wagoco v County Council of Kirinyaga & 2 others [2021] KEELC 2105 (KLR)
✦ The application is allowed, the Applicant is granted leave to file their replying affidavit and to pay the Respondent's thrown away costs.
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Nolparakwo Olotuno Korton & another v Mamura Olotuno Korton & another [2021] KEELC 2259 (KLR)
✦ The court finds that the plaintiffs lack locus standi and that the suit is time-barred, and strikes out the suit.
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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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Douglas Mwai Machuru v Daniel Karimi Wanjohi [2021] KEELC 2102 (KLR)
✦ The application for a temporary injunction is allowed.
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Leo Investments Ltd v Samson Oloolmaitai & 3 others [2021] KEELC 2428 (KLR)
✦ The Preliminary Objection is dismissed as it lacks merit.
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Edith Muthoni Muchiri & another v Cecilia Wamuyu Nyaga & 5 others; Susan Wanjira Nyaga (Applicant) [2021] KEELC 2093 (KLR)
✦ The Court granted leave to appeal and issued an order for inhibition pending the hearing and determination of the appeal.
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Alicaranda Wathitha Gatei v Zipporah Wangechi Muturi & 2 others [2021] KEELC 2125 (KLR)
✦ The application is dismissed with costs.
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James Charles Nakhwanga Osogo & 3 others v Sylvester Ogunya Kechula [2021] KEELC 2190 (KLR)
✦ The application is allowed, the ex-parte judgment is set aside, and the applicant is granted leave to defend the suit.
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Kigwe Limited v Violet Wacuka Ngugi & 2 others; Susan Wanjiru Muriti (Interested Party) [2021] KEELC 2367 (KLR)
✦ The court finds that the 2nd defendant, Muhasibu Housing Limited, is the legal and bonafide registered proprietor of the land LR NO 10823/13.
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Christopher Kurutyon Lonyala & another v Cabinet Secretary Ministry of Lands and Settlement & 11 others [2021] KEELC 2322 (KLR)
✦ The application is dismissed with costs.
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Thomas Okworo v Jeremiah Matoke Nyang’wara, County Government Of Kisii & National Construction Authority (Environment & Land Case 91 of 2017) [2021] KEELC 2172 (KLR) (22 July 2021) (Ruling)
✦ The court finds that the Preliminary Objection raised by the 3rd Defendant is one on a pure point of law and that the court lacks jurisdiction to hear the case.
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Portsmouth Holdings Ltd v Kenya Railways Corporation [2021] KEELC 2491 (KLR)
✦ The application dated 4/2/2021 lacks merit and is hereby dismissed with costs.
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Deborah Achieng Aduda & another v Florence Seyanoi Kibera – also known as Dorothy Seyanoi Moschion; Director of Rates, Nairobi County Government & 2 others (Interested Parties) [2021] KEELC 2231 (KLR)
✦ The court declines to grant the recusal application
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Khalid Omar Swaleh v Kenya Airports Authority; Kenya Railways Corporation (Intended 2nd Defendant) [2021] KEELC 2040 (KLR)
✦ The application for amendment is allowed
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Margaret Nyambara Waithaka (suing as the Personal Representative of the Estate of Martin Francis Thuku Waithaka - Deceased) v Roselyn Dola Ouko & 3 others [2021] KEELC 2473 (KLR)
✦ The court declines the plaintiff's application for injunctive relief due to unclear issues and lack of a prima facie case.
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James Ndege Orege v Charles Kingsley Gori [2021] KEELC 2283 (KLR)
✦ The Court found that the trial magistrate erred in failing to consider the Appellant's claim for a refund of the purchase price as per the Amended Plaint.
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Andrew Mokaya Angwenyi v Co-Operative Bank of Kenya [2021] KEELC 2260 (KLR)
✦ The Plaintiff is not entitled to the reliefs sought in the plaint.
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Anna Knight Ojiambo & 2 others v David Bulimo Musa [2021] KEELC 2264 (KLR)
✦ The application is merited and allowed by extending time to file the appeal by a period of seven days from the date of delivery of this ruling
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Republic v National Land Commission & another Ex parte Applicant Builstar Construction Works Ltd; Peace and Mercy Churches of East Africa & another (Interested Parties) [2021] KEELC 2435 (KLR)
✦ The court finds no merit in the ex-parte applicant's grounds and declines the motion.