Kenyan case law
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Peter Njoroge Wainaina v Pemuga Auto Spares Limited & 6 others; HFC Limited & another (Interested Parties / Applicants) [2020] KEELC 2603 (KLR)
✦ The Court is skeptical about the 1st Interested Party/Applicant's locus standi and the issue of Res Judicata was not properly brought up during submissions.
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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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Moses Kamande Nyambura v Francis Munyua Ngugi [2020] KEELC 2631 (KLR)
✦ The application is struck out due to non-compliance with Order 9 Rule 9 of the Civil Procedure Rules.
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Elias Muchangi Njeru & 2 others v George Nthiga Nyaga & another [2020] KEELC 2093 (KLR)
✦ The court dismisses the plaintiffs' claim for mesne profits as it was not pleaded with sufficient particularity and not strictly proved.
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Palazzo Restaurant Limited v Rosca Ventures Limited & another [2020] KEELC 2693 (KLR)
✦ The application is dismissed with costs to the respondents as the appellant/applicant has failed to comply with the orders of the tribunal and has not paid the Kshs.1,600,000 ordered by the Business Premises Rent Tribunal.
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Kihara Waweru Construction Co. Ltd v Benjamin Lemasei Tumpes [2020] KEELC 2468 (KLR)
✦ The application is allowed, and a prohibition order is issued in respect to land reference number Kekonyokie/ Il kisumet/ 535.
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Elijah K Taragon v George Kiptanui Cheboi [2020] KEELC 2192 (KLR)
✦ The application is dismissed with costs to the respondent.
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Sorbonne Investments Ltd v Angela Mwongeli Kithanze, Eric Kawa, Caleb Okemwa, Esther Wangare Waithera, Nahashon Kairo, Francis Njuki Munyao, Wilfred Ngumbao, Alice Njeri Muthoni, Peter Kungu, Eunice Waithera Kuria & Paul Kyalo; David Nderi Kamau(Interested Party/Applicant) (Environment & Land Case 431 of 2017) [2020] KEELC 2595 (KLR) (14 May 2020) (Ruling)
✦ The Court orders that the name of the Interested Party/ Applicant be struck out from the suit.
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Mohamed Yunis (Suing as a trustee for and on behalf of Suhail Shahid) & another v Abdalla Swaleh Rengwa (Sued personally and as executor of the estate of Swalehe Mohamed) & 3 others [2020] KEELC 2324 (KLR)
✦ An injunction is issued to stop the 3rd defendant from selling, leasing, charging, or entering into any dispositions over the suit land.
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Alexander Nyaga Mwake & 11 others v John Mwaniki Makenge & 2 others [2020] KEELC 2013 (KLR)
✦ The court finds and holds that the deceased and the Respondents were subject to a trust in that they were holding the suit properties on behalf of members of Keere clan. The 1st and 2nd issues are answered in the affirmative.
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Patrick Nganga v Gerishon Ngure Mangara; John Muchiri Gachihi (Third Party) [2020] KEELC 2466 (KLR)
✦ The application for stay of execution is granted subject to certain conditions, including providing security for the due performance of the decree.
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Joyce Wambui Kuria & another v Juja Farm 1976 Limited [2020] KEELC 2464 (KLR)
✦ The Court finds that the Plaintiffs have acquired the suit property by adverse possession and are entitled to the orders sought.
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Peterson Maina Gakuya (Suing as Personal Representative of the Estate of Daniel Gakuya v Mary Wairimu Gakuya & 3 others [2020] KEELC 2011 (KLR)
✦ The court finds that the instant suit is incompetent and bad in law for want of compliance with the mandatory provisions of Section 30 (1) of the Land Adjudication Act (Cap. 284).
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Kitale Industries v Attorney General & County Government of Trans-Nzoia [2020] KEELC 2195 (KLR)
✦ The court found that the withdrawal order of 19/7/2018 did not amount to a consent order and that the plaintiff did not meet the legal threshold for setting aside a consent order.
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Annah Muthoni Ireri v William Njeru Mbogo [2020] KEELC 2056 (KLR)
✦ The court has jurisdiction to entertain the suit and the Defendant obtained registration of the suit property through fraud and misrepresentation.
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Committee Members - Ngoe Buying Centre & another v Ephantus Ngethe Gichuki [2020] KEELC 2596 (KLR)
✦ The application for stay of execution is granted on the following terms: the ruling of the Hon Learned Principal Magistrate be and is hereby stayed pending the hearing and determination of the Appeal. The costs of the application shall be met by the Applicant.
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Douglas Kariuki v Francis Iregi Mwangi [2020] KEELC 2490 (KLR)
✦ Eviction orders are granted against the Defendant in all the suit lands, and the Court orders the police to provide security during the eviction process.
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Designer Textile Co Limited & another v Baraka House Limited & 4 others [2020], eKLR [2020] KEELC 2701 (KLR)
✦ The 3rd, 4th, and 5th respondents are found to be in contempt of court and are fined Kshs.200,000 each and ordered to serve two (2) months imprisonment.
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Benson Kamau Mutura v James Murimi Kahinga [2020] KEELC 2597 (KLR)
✦ The application for stay of execution is dismissed with costs.
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Charles Karanja Mashua v Mubiru Limited & 8 others [2020] KEELC 2469 (KLR)
✦ The court finds that the previous suits were not heard on merit and thus the current suit is not res judicata. The suit is not statute barred.
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Christopher John Kirubi v Ali Khan Ali Muses [2020] KEELC 2299 (KLR)
✦ The plaintiff's suit is allowed, and the defendant's counterclaim is dismissed. The plaintiff is awarded Kshs.7,192,000/= as special damages for the cost of pulling down the wall and other structures built on the plaintiff's land.
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Amulabi Amukhula Vincent & another v Kajiado Land Registrar & 2 others [2020] KEELC 2674 (KLR)
✦ The Court orders the Respondents to produce and provide the land records within 90 days, and grants costs to the Applicants.
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Martin Kazungu Konde v Karisa Kahindi Kirao & 2 others [2020] KEELC 2561 (KLR)
✦ The application is dismissed with costs as there is no merit in the application
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Awadh Swaleh Batheif v Hassan Said Rashi, Commissioner of Lands & Roshanbhanu Salimkhan Kamani; Ahmed Abdulrahian Abdalla, Saleh Ali Mirza, National Land Commission & Chief Land Registrar (Third parties); Ethics And Anti-Corruption Commission (Applicant/Proposed Interested Party) (Environment & Land Case 64 of 2009) [2020] KEELC 2684 (KLR) (13 May 2020) (Ruling)
✦ The Court dismissed the application for the following reasons: the Applicant is not a necessary party in the proceedings and the prayer for stay of the proceedings is equally unsustainable.
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Patrick Koinery Tutui v Raingot Suiyanka Noonchigeni (1st Administration of the Estate of Suyianka Oloiboni Lenooliadat) & 15 others [2020] KEELC 2637 (KLR)
✦ The Court finds that the Plaintiff has established a prima facie case to warrant the grant of orders sought.