Kenyan case law
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Kibiri Farro Ndirangu v Joseph Mwangi Kiarie [2017] KEELC 2478 (KLR)
✦ The application is dismissed as the plaintiff failed to meet the standard of proof required to succeed in an application of this nature.
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Jane Wanjeri Muriu v Lummen Enterprises & 2 others [2017] KEELC 2396 (KLR)
✦ An injunction can only be granted to prevent an event that has not occurred. The applicant's application is granted to restrain the first and second respondents from carrying out further construction on the remaining plots until the suit is heard and determined.
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Eliud Nyaga Namu Thigari v Robert Kiriga Mwarania & 6 others [2017] KEELC 2559 (KLR)
✦ The suit is dismissed for want of prosecution against the 1st, 2nd, 5th, 6th, and 7th Defendants. The suit is declared abated against the 3rd and 4th Defendants.
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Ramadhan Makokha Injamu v Enoka Watako Makokha & 2 others [2017] KEELC 3768 (KLR)
✦ The application has merit and is granted as prayed
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Reli Savings Credit Co-operative Society Ltd v Sinohydro Corporation Ltd [2017] KEELC 2660 (KLR)
✦ The court denied the Plaintiff's application for a temporary injunction.
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Betty Odari v Zipporah Mideva Mfwogo & another [2017] KEELC 2422 (KLR)
✦ The court dismissed the application for an injunction, finding that the plaintiffs have not established a prima facie case that Dorothy Lavusa Mfwogo holds the property in trust for the deceased's family.
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Republic v The Chairman of the Arbitration Board, Tharaka Adjudication Area, Gatunga Adjudication Section & another Ex-Parte Mbugi Kirakura & another [2017] KEELC 2293 (KLR)
✦ The dismissal order is set aside, the suit is reinstated, and the County Council of Tharaka is substituted with the County Government of Tharaka Nithi.
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Nyando Millers Limited v SBI International Holdings Ag (Kenya) [2017] KEELC 2646 (KLR)
✦ The Defendant's application to set aside the interlocutory judgment in default of defense is allowed. The Defendant is allowed to file and serve their statement of defense within 30 days and is required to pay the Plaintiff thrown away costs of Ksh.5,000.
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Muganda Mukachisila v Joram Mwanje [2017] KEELC 3767 (KLR)
✦ The application is granted, and Mwanje is restrained from entering, cultivating, harvesting, cutting trees, alienating, erecting structures, or carrying out any activity that would change the current status of the land parcel S/KABRAS/CHESERO/974 pending the determination of the suit.
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Phenas Ambasi Militsa v Francis Sikoso [2017] KEELC 3764 (KLR)
✦ The court certified the matter as urgent and heard it exparte, and issued an injunction restraining the defendant from cultivating, building, leasing, charging, and hearing the main suit.
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Arthur Athanasius Moody Awori v Attorney General & 2 others [2017] KEELC 2673 (KLR)
✦ The court dismisses the petition with costs, finding that the Petitioner has failed to prove any infringement or violation of constitutional rights by the Respondents.
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Bertha Naliaka Otwere v Ramesh Kotecha [2017] KEELC 3770 (KLR)
✦ The application is granted and the suit is dismissed for want of prosecution.
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Irvine Mwenda Japhet v M’Kanga M’Rwito Kanyinyiro [2017] KEELC 2252 (KLR)
✦ The consent order is adopted as an order of the court.
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John Omondi Oketch v Agricultural Finance Corporation [2017] KEELC 2668 (KLR)
✦ The court found that the Defendant offered a Ksh.586,250/= loan facility, which the Plaintiff accepted, and the Plaintiff received only Ksh.360,000/=. The court did not find a prima facie case for the injunction.
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Muungano Wa Wanavijiji v Julius Monari Orori [2017] KEELC 3856 (KLR)
✦ The petitioners' claims are dismissed as the land was privately registered and never public land. They have no right to claim the land through prescription or adverse possession.
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Muungano wa Wanavijij & others v Attorney General & 14 others [2017] KEELC 2383 (KLR)
✦ The petitioners' claims are dismissed as the land was privately registered and never public land. The petitioners have no right to claim the land and cannot claim adverse possession against private land.
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Crescentia Ann Obwolo v Callisto O. Masakhala [2017] KEELC 3759 (KLR)
✦ The court orders the defendant to be evicted from the suit property.
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Alex Majanga Kagali v David Odanga Amuyundo &another; [2017] KEELC 3753 (KLR)
✦ The court grants the application and directs the District Land Registrar to visit the disputed land parcels and mark the boundary. The costs of the application and the Land Registrar's costs will be shared equally between the applicant and the respondent.
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Joseph Nganga Gatua, Cephas Ndungu Wango & Edwin Thuo Gachunu (Suing for and on behalf the Church of Restoration (COR) v David Njoroge Evans [2017] KEELC 2681 (KLR)
✦ The court denied the Plaintiffs' application for an injunction and upheld the Defendant's Preliminary Objection.
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Salim Issa & 4 others v Ebe Milano [2017] KEELC 2179 (KLR)
✦ The plaintiffs are entitled to registration as absolute proprietors of the land.
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Jeremiah Ahuna Amulioto v Raphael Omulanda [2017] KEELC 3758 (KLR)
✦ The court granted the application and certified it as urgent. The court ordered an interim injunction restraining the Defendant from interfering with and carrying out any construction or trespassing on the land parcel.
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Machunchiro Wisitsa v Laban Mmbono Mbinwa [2017] KEELC 2505 (KLR)
✦ The plaintiff is entitled to eviction and an injunction.
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Lepic School Limited v George Kioni & Board of Governors St. George Athi Secondary School (Environment & Land Case 264 of 2009) [2017] KEELC 2377 (KLR) (Environment and Land) (20 June 2017) (Ruling)
✦ The applicant is a necessary party and the application for joinder is allowed. The Plaintiff shall be amended to reflect the applicant as the third defendant.
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Mnala Koita & another v Justus Abukuse [2017] KEELC 3760 (KLR)
✦ The order of dismissal for lack of prosecution is set aside, and the suit is reinstated and allowed to proceed to hearing of the notice to show cause.
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David Wanyonyi Wafula v Charles Nyongesa Wanyonyi [2017] KEELC 3755 (KLR)
✦ The application is granted, and the previous dismissal of the suit for non-attendance is set aside. The suit is reinstated for hearing on merit.