Kenyan case law
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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.
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Restuta Flora Khavere Shiramba & another v Wellington Ekhuya Odwogo & another [2017] KEELC 3757 (KLR)
✦ The application for injunction is granted
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Kamau Gachoka v Mary Thami Kamau & 3 others [2017] KEELC 2371 (KLR)
✦ The application for temporary and mandatory injunctions is dismissed with no order as to costs as the parties are family members.
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Mutaratara Enterprises Limited v Kenya Airports Authority [2017] KEELC 2247 (KLR)
✦ The Court finds in favor of the Plaintiff, granting both temporary and mandatory injunctions.
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Reuben Shikambe Shisambo v Antonina Shilwatso Materu [2017] KEELC 2491 (KLR)
✦ The court found that the respondent did not own the land and that the appellant did not prove the land was registered in his name.
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Milkah Muthoni Wagoco v County Council of Kirinyaga & 2 others [2017] KEELC 2064 (KLR)
✦ Judgment for the Petitioner in the following terms: a declaration, an order for removal of the caution, an order for delivery of the land, payment of damages, and costs.
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Pius Kinoi Maingi v Wilson Kivuvo Mbithi [2017] KEELC 2334 (KLR)
✦ The judgment entered on 13th July, 2012 is set aside as it was unlawful
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Ukwala Supermarket (Eldoret) Limited v Amritral Sojpar Shah Wholesalers Limited [2017] KEELC 2341 (KLR)
✦ The court finds that the relationship between the Plaintiff and Defendant is a periodic tenancy, and the Plaintiff is entitled to a permanent injunction against eviction and rent increase, except as per the Landlord and Tenant (Shops, Hotels & Catering Establishments) Act.
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Edward Kimotho Mbia v Benina Gaciriku Mbia [2017] KEELC 2102 (KLR)
✦ Ex-parte judgment is set aside as irregular due to improper service of summons.
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Sammy Muthambei Musyoka v Kenya Industrial Estates Limited [2017] KEELC 2692 (KLR)
✦ The application for an interlocutory injunction is dismissed with costs to the Defendant
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Kiprono Arap Koske v John Cheruiyot Koskei [2017] KEELC 2691 (KLR)
✦ The Defendant's application is allowed, and the judgment is set aside. The parties are directed to comply with Order 11 within 30 days to dispose of the case expeditiously.
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Boniface Aggrey Omondi v Omar Juma Said & another [2017] KEELC 2693 (KLR)
✦ The application for temporary injunction is dismissed with costs to the 2nd Respondent.
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Christopher Ngusu Mulwa & 28 others v County Government of Kitui & 2 others [2017] KEELC 2271 (KLR)
✦ The court dismissed the petition, finding that the Environment and Land Court does not have jurisdiction to hear constitutional petitions.
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Kiplagat Kosgei & 2 others v Richard Kipkoech Ruto & 2 others [2017] KEELC 2426 (KLR)
✦ The plaintiffs' application for a temporary injunction is dismissed.
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Alex Mwangi Ngayo v Victoria Wambere Ngayo & 4 others [2017] KEELC 2104 (KLR)
✦ The court ordered the parties to comply with pre-trial directions and set costs in the cause.
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Raphael Menza & others v County Executive Committee Mermber, Land & Energy, Housing, Urban Development & Physical Planning & 2 others [2017] KEELC 2695 (KLR)
✦ The Court restrained and barred the Defendants from having any dealings with the land in Mibuyu Saba Second, Third Rows and Adjacent Squatter Formalisation until the hearing and determination of the application.
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Boniface Wambua Kioko v Julius Ndeti Kimilu & another [2017] KEELC 2364 (KLR)
✦ The court maintains the status quo and orders that neither party can alienate, transfer, develop or utilize the suit property until the hearing and determination of the suit.
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Cyrus Namu Justin & another v Francis Muriuki Kibuchi [2017] KEELC 2091 (KLR)
✦ The defendant's defence is struck out and the plaintiffs are granted judgment.
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Benson Nzioka Kasyuma v Anna Mwelu [2017] KEELC 2309 (KLR)
✦ The Plaintiff's application for injunction is dismissed as he has not established a prima facie case with chances of success.
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Republic v Kajiado Central Land Dispute Tribunal & 8 others Ex-Parte Daniel Nkatete Nasha [2017] KEELC 2315 (KLR)
✦ The Ex-parte applicant's application is dismissed with costs
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Moses Abuto & 13 others v Muka Mukuu Farmers Co-operative Society Ltd [2017] KEELC 2399 (KLR)
✦ The Plaintiffs are entitled to occupy, reside, and utilize the portions of land they claim to have bought from the Defendant or its members in L.R. No. 10967 pending the hearing and determination of the suit.
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Michael Gichira Njeru v Samuel Magu Mugo & 2 others [2017] KEELC 2051 (KLR)
✦ The 3rd defendant is the registered proprietor of the land and its sub-divisions, and is entitled to all rights and privileges appurtenant thereto.
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John Sila Nganda v Alfred Muema Makau [2017] KEELC 287 (KLR)
✦ The court granted the application for an interlocutory injunction, restraining the defendant from changing the registered owner of the suit land and from evicting the applicant or trespassing on the land. The injunction is to remain in place for 12 months from the date of the order.
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Peter Ngugi Ndahi v George Gichuhi & 5 others [2017] KEELC 3752 (KLR)
✦ The court finds in favor of the Plaintiff on all claims and orders the Defendants to vacate the plot within 90 days and pay special damages.
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Onesmas Nthanga Nguma & 77 others v Katelembo Athiani Muputi Farming and Ranching Co-operative Society & 6 others [2017] KEELC 2411 (KLR)
✦ The court allows the Petitioners' application for a temporary injunction and maintains the status quo.