Kenyan case law
-
Miriam Mukami Ndwiga v Simhi Azmon & another [2015] KEELC 233 (KLR)
✦ The Plaintiff has established a prima facie case and the injunction is granted.
-
Kioko Nzyoka v Nairobi City County [2015] KEELC 820 (KLR)
✦ Plaintiff's claim is dismissed as he has failed to prove a prima facie case of ownership
-
Marian Mueni Musembi & another v Commissioner of Lands & 6 others [2015] KEELC 245 (KLR)
✦ The Court held that the consent of 8th February 2005 did not bind the Defendants and that the Plaintiffs are not entitled to damages.
-
Mohamed Ali Gulled v Olad Abdikhaliq & 2 others [2015] KEELC 823 (KLR)
✦ Plaintiff's application for temporary injunction is allowed, Defendant's application for discharge and injunction is dismissed
-
Rose Kavita Mwivithi & 2 others v Commissioner of Lands & 5 others [2015] KEELC 240 (KLR)
✦ The consent of 7th April 2003 is not binding and the suit should be dismissed.
-
Mturiaru Mtugachara & another v Attorney General & 3 others [2015] KEELC 234 (KLR)
✦ Application for injunction allowed
-
Mary W Gitonga v Samuel Kago Mutura & another [2015] KEELC 225 (KLR)
✦ The agreement was not subject to consent of the Land Control Board, and the balance of the purchase price was not paid. The plaintiff cannot succeed in her claim for specific performance.
-
Mary Igandu Kigotho v Michael Wang’ombe Gititu [2015] KEELC 165 (KLR)
✦ The plaintiff's application is dismissed as an abuse of the process of the court.
-
Joseph Gichina Muhoro v Daniel Otieno Alara & 2 others [2015] KEELC 193 (KLR)
✦ The court finds that the plaintiff's application lacks merit and is hereby dismissed with costs to the second respondent.
-
Joseph Kimari Mucheru & 3 others v Sammy Kiyo Macharia & 4 others [2015] KEELC 218 (KLR)
✦ The current suit is not res judicata, and the plaintiffs have established adverse possession over the land parcels.
-
David Simiyu Wanyonyi v John Silakwa & another [2015] KEELC 217 (KLR)
✦ The court finds that the plaintiff has failed to prove encroachment by either the first or second defendant and dismisses the case with costs to the first defendant.
-
Republic v Musanka Ole Runkes Tarakwa & 5 others Ex-parte Joseph Lesalol Lekitio & others [2015] KEELC 222 (KLR)
✦ The suit is dismissed as the Group Ranch is not subject to judicial review and the matters raised are matters concerning an interest in land and not the process of adjudication.
-
Republic v Ndaragwa Division Land Dispute Tribunal Ex-Parte Muricho Ranching Co ( Ltd) & 2 others [2015] KEELC 230 (KLR)
✦ The Land Disputes Tribunal lacked jurisdiction, and the decree adopting the award is quashed.
-
Daniel Kipkemboi Bett & 7 others v Margaret Wanjiku Chege [2015] KEELC 205 (KLR)
✦ The plaintiffs are the rightful owners of 132.5 acres of the property and the defendant is a trespasser.
-
Said Abdala Azubedi v Samuel Mbugua Ikumbu [2015] KEELC 214 (KLR)
✦ The application for injunction is allowed, and the defendant is ordered not to interfere with the plaintiff's collection of rent on the suit property pending hearing and determination of the suit.
-
Anthony Ngetich Seurey v John Wacira Chiri & 4 others [2015] KEELC 228 (KLR)
✦ Orders of inhibition issued; status quo on the ground to be maintained; no new developments on the suit property.
-
Paul Muraya Kaguri v Simon Mbaria Muchunu [2015] KEELC 180 (KLR)
✦ The appeal is dismissed with costs to the respondent.
-
Monica Wanjiru Kinyua v Ndeffo Limited (Miscellaneous Application 134 of 2015) [2015] KEELC 235 (KLR) (22 September 2015) (Ruling)
✦ The application to transfer the civil suit from the Chief Magistrate's Court to the Environment and Land Court is allowed.
-
Mary Wamuyu Mwangi v Joseph Kahara Thinwa (Environment & Land Case 149 of 2013) [2015] KEELC 189 (KLR) (22 September 2015) (Ruling)
✦ The court allows the application for an extension of time to vacate the suit property, granting six (6) months.
-
Leonard Riungu & another v District Commissioner Maara & 2 others [2015] KEELC 817 (KLR)
✦ The Preliminary Objection is dismissed. Costs are to be in the cause.
-
Kadzo Angore Kazungu & another v Abdalla Salim Omar [2015] KEELC 259 (KLR)
✦ The court allows the plaintiffs' application to maintain the status quo pending the hearing of the suit.
-
M Z v O A [2015] KEELC 187 (KLR)
✦ The preliminary objection is dismissed as the jurisdiction of the court cannot be ousted by the parties' pleadings and the marriage status is an issue of fact.
-
Hamid Bin Mohamed & another v Ali Mwinyi Haji & 23 others [2015] KEELC 253 (KLR)
✦ The Application is dismissed with costs.
-
Antony Ashley Burch v Sampat T/A Kilifi Enterprises [2015] KEELC 257 (KLR)
✦ The Court dismissed the Plaintiff's application for the production of affidavits and costs, finding that the Defendant's claim for refund or conversion of expenses into rent payments is valid.
-
Mudigo Wa Kuwanga v Ngumbao Kazungu & another [2015] KEELC 260 (KLR)
✦ The Plaintiff's claim is allowed as the Defendants cannot argue for the suit property due to the adjudication process and the failure to appeal to the Minister.