Kenyan case law
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Malewa Farmers Co-operative Society Ltd v Settlement Fund Trustees & 4 others [2021] KEELC 2181 (KLR)
✦ The appeal is allowed, the judgment and decree of the trial court is set aside, and the Appellant's suit is allowed in terms of the amended plaint.
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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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Eric Kiprotich Soi & another v John Matere Keriri & another [2021] KEELC 2329 (KLR)
✦ The court finds merit in the notice of motion dated 8th April 2020 and grants the orders sought, including a temporary injunction.
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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.
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Peter Mwendwa Muthui v Marry Njeri Thitu & another [2021] KEELC 2345 (KLR)
✦ The application is dismissed with no orders as to costs
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Peter Kagunyu Kiragu v Anne H.G Muchunku [2021] KEELC 2546 (KLR)
✦ The Court finds the Plaintiff's claim partially merited and allows orders of eviction and permanent injunction for the Plaintiff's claim on the required standard of balance of probability.
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Moses Kariuki Kibathi & James Muchugia Kibathi (Suing As Administrators Of The Estate Of The Late Milkha Wangui Wambura v Daniel Kibathi Kiarie & 3 others [2021] KEELC 2317 (KLR)
✦ The court grants the orders sought, including removing the caution, allowing the sale of the parcels, and issuing a temporary injunction.
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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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Margaret Nyambura & 117 others v Nairobi City County & 2 others [2021] KEELC 2239 (KLR)
✦ The court declines to grant the Applicants leave to commence judicial review proceedings.
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Agnes Wambui Kiritu & another v Nicasio Murithi & 3 others [2021] KEELC 2315 (KLR)
✦ The court found the Plaintiffs to be the lawful proprietors of the suit property and the Defendants to be trespassers. The Plaintiffs are entitled to the reliefs sought.
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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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Eunice Wambui Nderitu v Kenneth Kimari Gitere & anotherd [2021] KEELC 2347 (KLR)
✦ The court did not grant the stay of execution pending appeal and dismissed the application.
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Aveco Limited v John Joseph Ndungu Mwenja & Partners Ltd & another [2021] KEELC 2341 (KLR)
✦ The application for stay of execution pending appeal is dismissed with costs to the respondents
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Abdulwahab Ahmed Majid v Sisters for Justice NGO [2021] KEELC 2050 (KLR)
✦ The application is dismissed with no order as to costs.
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James O. E Anyango v Wenslause Ochom Okemer [2021] KEELC 2254 (KLR)
✦ The court holds that the time running in favor of the defendant is only two years from the date of separation of titles to the date of filing of this suit, making the defence of adverse possession unavailable. The Plaintiff's rights as a proprietor are protected under the law, and the Plaintiff's claim for a permanent injunction is successful.
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Elizabeth Wanjiru Gakuya v Gerald Mwangi Mathenge [2021] KEELC 2183 (KLR)
✦ The court overruled the Defendant's preliminary objection and granted the Plaintiff's application for interim orders.
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David Orina Sibwoga v Salome Kwamboka Omenge & another [2021] KEELC 2165 (KLR)
✦ The Court finds that the Plaintiff has established adverse possession over the land and orders the Defendants to subdivide the suit property for the Plaintiff's use.
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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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Catherine Kiende M’Itonga v Lawrence Mbiti Rutere [2021] KEELC 2514 (KLR)
✦ The application is dismissed with costs to the defendant, and the plaintiff is directed to file her submissions within 7 days of this ruling.
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Consolata Muthoni v Charles Liungia & 2 others [2021] KEELC 2496 (KLR)
✦ The court granted the application for temporary injunctions and inhibition.
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Erastus Kenneth Mungania v Leonard Mugambi [2021] KEELC 2502 (KLR)
✦ The court reviews the applicant's deposit requirement to Shs.200,000 instead of Shs.600,000, and the application to be heard inter-partes on October 5, 2021.
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Edward Okello Syata v Wabwire Olago Wandera [2021] KEELC 2266 (KLR)
✦ The court found that the Defendant has encroached into the Plaintiff's parcels of land except two, and ordered eviction and reinstatement of boundaries.
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Japheth Lijoodi v Clement Shikami & another [2021] KEELC 2501 (KLR)
✦ The plaintiff has not established continuous possession for 12 years, thus the plaintiff's case on adverse possession is dismissed.
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John A Karoli & 3 others v Joseph C Makamu [2021] KEELC 2540 (KLR)
✦ The application is dismissed with costs as the plaintiffs have failed to show any mistake or error on the part of the court.
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Silas Kimathi Mutonga v Samson Muriungi Mwirebua [2021] KEELC 2498 (KLR)
✦ The court found that the issues in the Meru ELC Petition and the trial court were distinct, and thus the preliminary objection was unmeritorious.