Kenyan case law
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John Juma Muchelesi v Grace Mang’eni Nabukiyabi [2021] KEELC 2323 (KLR)
✦ The court finds that the defendant has trespassed onto the plaintiff's land and is putting up constructions thereon. The court orders the defendant to rectify the register so that land parcel NO EAST BUKUSU/SOUTH NALONDO/3676 reads acreage of 0.069 Ha.
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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.
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Benson Gichohi Mutahi v Alex Njue Kithangari & 7 others [2021] KEELC 2500 (KLR)
✦ The defendants have acquired possessory rights to the suit land, and the plaintiff's claim is dismissed. The defendants' counterclaim is allowed, and they are restored to the land.
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Ainea Okoti Olaka & another v Janefrances Ayuma Analo [2021] KEELC 2511 (KLR)
✦ The defendant holds in trust for the 1st plaintiff a portion of Land Parcel No. Butsotso/Shikoti/2237 measuring 0.07 hectares.
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Kepha Marita Okemwa suing as the personal representative of the estate of Johnsom Okemwa Nyakundi v Mega Choice Limited & another [2021] KEELC 2279 (KLR)
✦ The application to strike out the 2nd Defendant from the suit is dismissed with no order as to costs.
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Peter Wahome Kamwenga v Thomas Amani Kalama & another [2021] KEELC 2026 (KLR)
✦ The lease agreements dated 28th July 2002 and 1st March 2013 amounted to intermeddling with the property of Henry Maganga.
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Diocese of Meru- Registered Trustees v Kenya Tea Development Agency Limited & 9 others;County Government of Meru & another (Interested Parties) [2021] KEELC 2489 (KLR)
✦ The court declines to grant conservatory orders and the prayer for stay of proceedings in the Nkubu court.
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Ronald Onyango Obongo v Jacktone Owino [2021] KEELC 2522 (KLR)
✦ The first application is granted, and the second application is dismissed with costs.
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Caleb K. Kipkorir Bett v Joseph Wanjau [2021] KEELC 2477 (KLR)
✦ The application was dismissed as the applicant failed to demonstrate inordinate delay and substantial loss.
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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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David Lubanga Maleya v Japheth Musasa Libese & another; Ernest Chavasu (Interested party); Wilson Amaheno Lubanga (Objector/Applicant) [2021] KEELC 2524 (KLR)
✦ Application dismissed with costs
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Chesterton Properties Ltd v Samson Muturia & others [2021] KEELC 2056 (KLR)
✦ The application is dismissed with costs as the consent recorded after the withdrawal of the suit is null and the defendants are no longer parties to the suit.
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Reuben Kotwa Meda Alais v Nora Kole & another [2021] KEELC 2520 (KLR)
✦ The application is dismissed with costs as it has no merit.
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Bosire Obwachi v Land Registrar, Kisii County & another [2021] KEELC 2278 (KLR)
✦ The Petition is merited and the Petitioner should be granted the orders as prayed for.
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Charles Lukoye Shiyuka v James Muyanda Nduku & 2 others [2021] KEELC 2512 (KLR)
✦ The application is not merited and the status quo is maintained pending the hearing and determination of the matter.
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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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Dynamic Sisters Enterprises Limited v Amboseli Court Limited & 11 others [2021] KEELC 2193 (KLR)
✦ The court declines to grant the orders sought in the application dated 21/1/2021.
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Rampau ole Nkoriompai v Kasaine ole Saoli & Alfred Mpatinga Saoli [2021] KEELC 2423 (KLR)
✦ The application is dismissed with costs as the applicant has not discharged the responsibility to ensure the status of the case and the undue delay in bringing the application closes the door on the applicant's discretion.
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Justino Mukami Wanyama v Kitere Wangia; Michael Sidney Sifuna (suing as the legal representative of the Estate of Justino Mukami Wanyama (Applicant) [2021] KEELC 2541 (KLR)
✦ The application is granted, the earlier ruling is reviewed, and the court finds no need for costs.
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Daniel Nderitu Kagoko v Zuberi Mohammed Kombania & 4 others; Lawrence Kagoko Nderitu & another (Applicants) [2021] KEELC 2055 (KLR)
✦ The application is granted, and the suit is revived and the applicants are substituted as plaintiffs.
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Moses Shivanda Amuhaya v Torokasi Kavere Kadanye [2021] KEELC 2539 (KLR)
✦ The defendant is ordered to refund the sum of Kshs 780,000/= plus interest from the date of filing the suit.
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Kevin Kundu Wambingwa (Personal representative of Estate of Hillario Wambingwa) v Attorney General & 2 others [2021] KEELC 2436 (KLR)
✦ The Director of Land Adjudication and Settlement and the Chief Land Registrar are ordered to produce and avail to the Petitioner within 14 days of this ruling, the following documents: aerial photograph, land adjudication register, transactions/parcel file, and Registry Index Map.
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Mombasa Cement Limited v Salim Masoud Abdalla & 4 others [2021] KEELC 2057 (KLR)
✦ The court granted a temporary injunction to the plaintiff to prevent the defendants from dealing with the land in any way that may interfere with the plaintiff's mining business.
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Joshua Mithika & another v Kobia M’Twamwari Kangeri & 2 others [2021] KEELC 2492 (KLR)
✦ The trial court's decision is set aside, and the matter is to be heard on merits.
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Agnetta Mmbone Okwemba v Zakaria Mugatsia Anyula [2021] KEELC 2495 (KLR)
✦ The court finds that the doctrine of res judicata applies and the appeal is dismissed with costs.