Kenyan case law
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Yator & 23 others (Suing as Leaders of the Sengwer Community) v Attorney General & 15 others (Environment and Land Petition 15 of 2013 & Petition 3 of 2018 (Consolidated)) [2020] KEELC 3961 (KLR) (13 May 2020) (Judgment)
✦ The Court held that Embobut Forest is community land as it is ancestral land of the Sengwer Community.
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Mohamed Salim Fazal v Horus Limited & 6 others [2020] KEELC 2682 (KLR)
✦ The application is dismissed with costs to the Plaintiff/Respondent
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Abudulrahman Salim Baabad v County Commissioner of Lamu & 3 others Canistel Limited (Interested Party) [2020] KEELC 2648 (KLR)
✦ The Petitioner is the rightful and legal owner of the land, and the Respondents have violated his rights to property.
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La Marina Limited v Riziki Charo Kambti & 2 others; Robert Philip Ashworth (Interested Party) [2020] KEELC 2688 (KLR)
✦ The application is allowed on condition that the Plaintiff pays the 1st and 2nd Defendant's thrown away costs.
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David Kazungu Muramba & 3 others v Peter Mbugua Kimani & another [2020] KEELC 2685 (KLR)
✦ The 2nd Plaintiff's construction activities are considered contempt of court and he is ordered to appear for mitigation.
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Moses Waweru Ndung’u v Ali Menza Mbogo [2020] KEELC 2327 (KLR)
✦ The plaintiff's application for an injunction is res judicata, and the application is struck out.
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Ahmed Omar Swadan v Fredrick Ndambuki Mutisya [2020] KEELC 2700 (KLR)
✦ The Court finds that the agreement was not for the sale of the land as stated, but rather for securing a future sale. The Plaintiff is not entitled to recover the deposit or damages.
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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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County Government of Kwale v United Insurance Company (Under Statutory Management) & another [2020] KEELC 2296 (KLR)
✦ The application is dismissed
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Oscar Lulu Mwasambu & another (Suing as the Administrator of Masumbuko Jambo Mwasambu v Harrison Dzengo Kenga [2020] KEELC 2639 (KLR)
✦ The application is dismissed with costs to the Defendant/Decree-holder as the Plaintiffs have not demonstrated that substantial loss will result to them.
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Republic v Land Adjudication Officer Mwanda Mbalamweni Adjudication Section & 2 others; Katana Ngala Sirya & others (Interested Parties) [2020] KEELC 2657 (KLR)
✦ The application has merit and is allowed subject to payment of the 3rd Respondent's thrown away costs.
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Mark Kazungu Mramba v Benedette Mwikali Mugambi [2020] KEELC 2691 (KLR)
✦ The Court found that the Applicant did not prove he was in possession of the land for the statutory period of 12 years and that the Respondent's husband had been in possession of the land for a longer period. The Court therefore denied the Applicant's application for adverse possession.
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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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Beatrice Wambui Gachango & 2 others v Mary Wanjiku Njuguna [2020] KEELC 2694 (KLR)
✦ The Plaintiffs have acquired 0.5 acres of land by adverse possession and the Defendant's title to the land has been extinguished in favor of the Plaintiffs.
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David Kandie v Land Registrar Kwale & 2 others [2020] KEELC 2738 (KLR)
✦ The court declares the decisions unconstitutional and unlawful, directs the 1st Respondent to cancel the title deeds and re-register the properties in the Petitioner's name.
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Judith Olanga Okinda v Mary Jane Malanga, Mary Jane Malanga (Sued in her Capacity as the Administration of the Estate of Joseph Habwe Owange (Deceased) Joseph Habwe Owange (Deceased), Kennedy J. Musumba Nambute & Lawi Otiende (Environment & Land Case 27 of 2017) [2020] KEELC 2366 (KLR) (12 May 2020) (Judgment)
✦ The court found in favor of the Plaintiff on all issues.
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Michael Otieno Nyaguti v Port Manager-Kenya Ports Authority Kisumu & another [2020] KEELC 2755 (KLR)
✦ The petition is allowed, and the respondents are restrained from evicting BMU members and engaging in harmful activities.
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Michael Gathu Macharia & another v John Thige Maina & 2 others [2020] KEELC 2675 (KLR)
✦ The Plaintiffs are entitled to a declaration of adverse possession and the transfer of 1 acre of land to the 1st Plaintiff.
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Benson C Mbogo & 2 others v Madonga Kenga Masha, Kassim Guo & 12 others; Director of Public Prosecution (Interested Party) [2020] KEELC 2733 (KLR)
✦ The Court allows the Plaintiffs' case and enters judgment in favor of the Plaintiffs, excluding the Defendants from the land.
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Republic v Chief Administrator Coast Province General Hospital ; Ex-parte Applicant: Billy Wanjala And Elizabeth Wanjala Both t/a Bluewave Investments [2020] KEELC 2699 (KLR)
✦ The preliminary objection is dismissed with no order on costs.
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Benard Oduor Radier v Festo Owino Omollo & another [2020] KEELC 2358 (KLR)
✦ The court has jurisdiction to entertain the application for stay of execution
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Moses Mbogo Gachango & another v Ruth Wanjiru Nganga & another [2020] KEELC 2485 (KLR)
✦ The Plaintiffs are entitled to half share of the suit land having proved customary trust on a balance of probabilities.
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Dignified Holdings Limited v Attorney General & 12 others [2020] KEELC 2746 (KLR)
✦ The court declares the plaintiff as the lawful proprietor of the suit property and cancels the certificates of title issued to the defendants.
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Mary Njoki Simon v Monicah Wanjiru Wangonya [2020] KEELC 2703 (KLR)
✦ The Appeal is allowed. The ruling of the learned Magistrate is set aside. The application for substitution is hereby allowed.
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Safaricom Limited v Josenga Company Limited & 4 others [2020] KEELC 2677 (KLR)
✦ The amendment is allowed, and the Plaintiff is granted leave to recall its witness if needed.