Kenyan case law
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Timona Kimarong Karatasi v Edwin Juma Lumbasi & another [2021] KEELC 2516 (KLR)
✦ The plaintiff is entitled to a portion of land parcel No. North Malakisi/West Sasuri/762 measuring approximately 1⁄4 acres by virtue of adverse possession. The defendants as the proprietors of land parcel No. North Malakisi/West Sasuri/762 do transfer 1⁄4 acre to the applicant within the next 90 days from the date of this judgement.
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Munga Mwero Suleiman &16; others v Kenya National Highways Authority & another [2021] KEELC 2036 (KLR)
✦ The court finds that the plaintiffs have not demonstrated a prima facie case and dismisses the notice of motion application in its entirety.
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Annanciata Mbithe Muia v Peter Nicholas Mutuku & 4 others [2021] KEELC 2074 (KLR)
✦ The Notice of Preliminary Objection is incompetent and struck out with costs.
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Colfax Holdings Limited v National Land Commission & another [2021] KEELC 2051 (KLR)
✦ The application is dismissed with costs to the 1st respondent.
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Mohamed Shariff Ali & another v Ismail Ibrahim Durow & another; Abdullahi Warame Ali & 3 others (Interested Parties) [2021] KEELC 2187 (KLR)
✦ The court allows the application to join the interested parties as necessary parties to the suit.
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Premier Daffodil Limited v Speedbird Travel and Safaris Limited [2021] KEELC 2246 (KLR)
✦ The Plaintiff has proved its case on a balance of probabilities and is granted prayers (a) and (b) sought in the plaint. The Defendant's counterclaim is dismissed.
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Dismas Otella Osikoyo & 2 others v Thomas Barasa Kimanayi [2021] KEELC 2494 (KLR)
✦ The plaintiffs have acquired the land parcels by adverse possession and the defendant's rights have been extinguished.
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Jane Jepchumba Sarmwei & 3 others v County Government of Uasin Gishu [2021] KEELC 2419 (KLR)
✦ The application is allowed. Parties to comply with Order 11 with 30 days and fix the matter for hearing.
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Lincoln Kivuti Karingi & another v Michael Njuguna Makindu [2021] KEELC 2394 (KLR)
✦ The Plaintiffs are entitled to the reliefs sought in the plaint.
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Pius Makhanu Munyasia v Margaret Nabangala Solomon a.k.a Margaret Nabangala Munyasia [2021] KEELC 2493 (KLR)
✦ The Applicant's suit is dismissed. The Respondent's title to the land parcel is not cancelled, and each party is to meet their own costs.
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Maestro Connections Health Systems Ltd v Riley Services & 8 others [2021] KEELC 2340 (KLR)
✦ United States International University is the owner of L.R No. 12422/19
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Kadzo Kahindi & another v Furaha Katana Dyeka & 6 others [2021] KEELC 2470 (KLR)
✦ The Court finds no merit in the Motion for an injunction and dismisses it with costs to the Defendants.
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Kache Harisson Shutu & 3 others v Harrison Charo Shutu & 4 others [2021] KEELC 2485 (KLR)
✦ The suit and the Plaintiffs' application are struck out with costs.
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Bilasio Odhiambo Ogutu Petitioning as the Administrator of the Estate of the Late Ogutu Onyanga Ondiege v Senior Principal Magistrate Siaya Law Courts & another [2021] KEELC 2161 (KLR)
✦ The ex-parte judgement should not be set aside as the applicant has not given a good reason for failure to attend Court.
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Alice Wanjiku Njoroge & another v Susan Wambui Kabuu & 3 others [2021] KEELC 2472 (KLR)
✦ The Court orders the rectification of the register for LR No. Lake Kenyatta/2786, and the 1st Defendant is ordered to vacate the land.
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Dzame Mumba Konde & another v Denis Chamoto Shera (alias JITI) [2021] KEELC 2416 (KLR)
✦ The Court finds in favor of the Plaintiffs, declaring that the Defendant is not entitled to enter upon, remain or deal with the land and ordering the Defendant to remove the temporary illegal structure.
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Charo Thethe Koi v Kahela Jefwa Kingo & 2 others [2021] KEELC 2478 (KLR)
✦ The court allows the plaintiff's claim for prescriptive rights and injunction, finding that the plaintiff has used the land for 40 years, more than the statutory period.
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Asaa Tabu Asaa & 113 others v Mohamed Said Rajab & 10 others [2021] KEELC 2483 (KLR)
✦ The court grants a temporary injunction restraining the defendants from demolishing plaintiffs' structures and sub-dividing the land pending the suit.
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Margaret Wambo Kariuki v Joseph Kiprotich Kiplagat [2021] KEELC 2468 (KLR)
✦ The court allows the Originating Summons and declares the applicant as the proprietor of the land
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Michael Otieno Wagude v Morris Olwal [2021] KEELC 2131 (KLR)
✦ The application is dismissed without merit
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Loise Ndeto Kimweli v Ruth Mutuku Kimonyi & 5 others [2021] KEELC 2518 (KLR)
✦ The Plaintiff is entitled to an injunction, and the Defendants' Application for security for costs is dismissed.
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Anderson Bechiko Mwagambo (suing as Legal Representative and/or Administrator of the Estate of Mwagambo Gambo Tembo (Deceased) v Mwangome Mudiwa Bingo & Nyamawi Gambo Mwagambo [2021] KEELC 2438 (KLR)
✦ The Plaintiff has proved his case against the Defendants on a balance of probabilities and is entitled to the reliefs sought.
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Said Ahmed Mahmud v Mercy Cassandra M’mboga [2021] KEELC 2445 (KLR)
✦ The application is dismissed with costs to the Plaintiff/Respondent
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Martin Zakayo Mbandu v Trishul V Chohan & another [2021] KEELC 2146 (KLR)
✦ The lease agreement is for residential use only, and the first defendant cannot be evicted for using the property for commercial purposes without permission. The preliminary objection is dismissed.
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Engen Kenya Limited now known as Vivo Marketing Kenya Limited v Tinek Limited; National Land Commission & 3 others (Proposed Defendants) [2021] KEELC 2497 (KLR)
✦ The Proposed Defendants are necessary parties and the Defendant's title document is invalid, allowing the Defendant's Application to add the Proposed Defendants as parties.