Kenyan case law
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Musyoka Murambi & Associates v Kenneth J. Kamau Ngigi;Coulson Harney Llp (Interested Party) [2020] KEELC 2670 (KLR)
✦ The Certificate of Costs dated and issued on 22nd May, 2019 is converted into a Decree and Judgment of this Court, and the decretal sum is paid by the Respondent to the Applicant with interest at the rate of 14% per annum from 22nd May 2019 until payment in full.
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Charles Rama Amos & 17 others v Josephine Sese Mulatya & 12 others [2020] KEELC 2765 (KLR)
✦ The claim is an ordinary suit couched as a constitutional petition. Fraud cannot be imputed based on the absence of records at the Lands Registry.
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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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Kalavati Baboolal Mehta & 2 others v Commissioner of Lands; Agricultural Industrial Holdings Ltd & another (Interested Parties) [2020] KEELC 2740 (KLR)
✦ The court found that the plaintiffs failed to prove fraud in the acquisition process and that the compensation paid was sufficient. The court dismissed the suit and ordered each party to bear their respective costs.
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Kelvin Njuiri Mwaura v Mwangi Mwaura [2020] KEELC 2697 (KLR)
✦ The application is allowed as prayed with costs to the Respondent
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Catherine Nyambura Njuguna & 2 others v Wilson Kihumba Githinji [2020] KEELC 2687 (KLR)
✦ The court dismisses the appellants' suit and application, sets aside the interlocutory orders, and allows the appeal with costs to the appellants.
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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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Michael Otieno Nyaguti v Port Manager-Kenya Ports Authority Kisumu & another [2020] KEELC 2228 (KLR)
✦ Petition allowed, restraining respondents from evicting BMU members and engaging in harmful activities.
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Judith Olanga Okinda v Mary Jane Malanga & 3 others [2020] KEELC 2720 (KLR)
✦ The court finds in favor of the Plaintiff on all issues.
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Nicholas Letoya Leshinka v Rose Njambi Nyaga & Another [2020] KEELC 2802 (KLR)
✦ The court finds that the 1st Defendant was not served with the court order and thus cannot be cited for contempt.
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Rachel Njoki Mucina & another v John Mwaura [2020] KEELC 2528 (KLR)
✦ The court finds that the plaintiffs are the beneficial owners of the suit properties and grants an eviction order and nominal mesne profits.
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Muchira Warui (auing as the legal representative of the Estate of Mitaru Babu) v Land Registrar Kirinyaga County & another [2020] KEELC 1970 (KLR)
✦ The application is dismissed with the plaintiff paying the 2nd defendant's costs.
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Paul Gatete Wangai & 13 others v Capital Realty Limited & another [2020] KEELC 2717 (KLR)
✦ The court has jurisdiction to hear the case and dismiss the defendant's Notice of Preliminary Objection.
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Joseph Lekamario & 248 others v African Wildlife Foundation & 2 others;Kituo Cha Sheria &another; (Interested Party) [2020] KEELC 2493 (KLR)
✦ The application by M/S Mburugu & Kanyonge Associates, Advocates to come on record for the Applicant is struck out with costs to the 2nd Respondent.
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Priscilla Nania Mbila & another v District Commissioner Kathiani District & 7 others [2020] KEELC 2715 (KLR)
✦ The Application is dismissed with costs as the Petitioners have not proved that the 5th Respondent is in contempt of the court order.
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Benson Njeru Muriria v Syokimau Farm Limited & another; John Kilolo Mang’eli & another (Interested Parties) [2020] KEELC 2719 (KLR)
✦ The order dismissing the Plaintiff's suit for want of prosecution is set aside, and the Plaintiff is granted leave to file a reply to the Defence and Defence to the Counter-claim and to amend his Plaint and Defence.
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Delamier Wamboga Wambogo v Ananstansia Aluoch Anino & 3 others [2020] eJKLR [2020] KEELC 2760 (KLR)
✦ Application dismissed. The prayer for an injunction is superfluous as it has already been granted. The order requesting the OCS Yala Police station to intervene and oversee the enforcement of the order is likely to be abused. The applicant is ordered to engage credited court bailiffs or auctioneers who will seek for an order of security by the OCS Yala Police Station from this court.
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Joseph Wanjohi Muriithi & 3 others v Peter Muthigani & 9 others [2020] KEELC 1978 (KLR)
✦ The application is dismissed with costs to the respondents.
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Richard Muriuki Kanuthu v National Land Commission & another; Johnson Mwangi Muriuki & another (Interested Parties) [2020] KEELC 2764 (KLR)
✦ Petitioner must prove violation of constitutional rights on balance of probabilities, identifying specific articles and providing evidence.
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Njagi Magondu Mwaniki & 8 others v Agricultural Finance Corporation & 3 others [2020] KEELC 1958 (KLR)
✦ The court granted the petitioners' application for a temporary injunction and ordered the 3rd respondent to be restrained from occupying, selling, dealing, or evicting the petitioners from land parcel No. MWEA/MUTITHI/STRIP/337 pending the hearing.
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Apex Steel Limited v Willy Nzuki Ndeti & 2 Others [2020] KEELC 2799 (KLR)
✦ The application is dismissed with costs as the Defendants have not proved that the Plaintiff undertook further construction on the suit properties after the court order was granted.
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Mary Waeni Wambua & another (Suing as joint administrators of the Estate of the late Josiah Muli Wambua) v Kenya Urban Roads Authority & 6 others [2020] KEELC 2781 (KLR)
✦ The Application to mark the matter as having abated is dismissed with costs.
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David Muithi & 135 others v Kenya Electricity Generating Company Limited [2020] eKLR. [2020] KEELC 2792 (KLR)
✦ The Plaintiffs' claim is not time barred, and the Defendant's title deed is valid.
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Nehemiah Mwanda Onyango v Maurice Odur Abuny & 3 others [2020] KEELC 2726 (KLR)
✦ The application for a temporary injunction is denied as the appellant has not demonstrated substantial loss and is not ready to deposit security. The court has the power to order a stay of execution pending the hearing of a formal application.
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Margaret Omoroje & 7 others v Johnson Kitheka Kathenge & 6 others [2020] KEELC 2609 (KLR)
✦ The Plaintiffs do not have the requisite locus standi, the suit is not time barred, and the Plaintiffs have not shown the existence of a customary trust.