Kenyan case law
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Erastus Mbuba Zakaria v Kinyua Nyaga Gatumu [2017] KEELC 2074 (KLR)
✦ The appeal is dismissed with costs to the Respondent
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Nicholus Kinyua Mbui v Keysian Auctioneers & another [2017] KEELC 2018 (KLR)
✦ The defendants are directed to comply with all pre-trial directions so that the suit can be heard and determined within the next 12 months
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Rachael Mweikali Kanyolo & 2 others v Alexander Musyoki Kanyolo & another [2017] KEELC 2335 (KLR)
✦ I find and hold that the Plaintiffs have established a prima facie case with chances of success.
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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.
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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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Emily Mumbi Machira v Wambuci Macabi [2017] KEELC 2009 (KLR)
✦ The defendant's applications are dismissed with costs to the plaintiff
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Joyce Nancy Kabiru v Faulu Micro-Finance Bank Limited & 2 others [2017] KEELC 2008 (KLR)
✦ The court dismissed the plaintiff's motion and ordered the release of the deposited sum.
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Mwang’a Mutinda v Mawili Ndeleva & 5 others [2017] KEELC 2370 (KLR)
✦ The court maintains the status quo and does not issue injunctive orders.
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Margaret Wangechi Kahoya v Winfred Esther Wangari Mutugi [2017] KEELC 2000 (KLR)
✦ The court dismisses the applicant's prayer for leave to appeal out of time and does not consider an application for stay of execution pending appeal.
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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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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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Emily Chepng’eno Ruto Suing As The Legal Representative Of The Estate Of David Kiplangat Ruto & 6 others v David Kiprono Koske [2017] KEELC 2679 (KLR)
✦ The court set aside the order dismissing the defendant's defence and directed that the suit be set down for hearing within the next 60 days. The defendant shall pay thrown away costs of Kshs. 20,000 for the inconvenience caused to the plaintiff.
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Judith Nzula Mutua v Rose Kakuvi Kimeu [2017] KEELC 2343 (KLR)
✦ The Plaintiff's claim is dismissed with costs.
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Naftali Mwaniki Muchai v Anthony Mbuthi Kabui [2017] KEELC 2096 (KLR)
✦ The plaintiff's application for a temporary injunction is dismissed as there is no prima facie case to warrant the grant of an order of injunction.
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Samuel Kimani Nganga v John Kisemei Ndichu alias John Mbugua Ndichu [2017] KEELC 2245 (KLR)
✦ The court dismissed the Defendant's Notice of Preliminary Objection.
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Republic v Nyeri County Government Exparte Central Kenya Coffeee Mill Ltd [2017] KEELC 1993 (KLR)
✦ The taxing master committed an error of principle by awarding the respondent a lower amount for instruction fees, which was deemed inordinately low.
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Mahmoud Omar v Awadh Swale Said & 3 others [2017] KEELC 2378 (KLR)
✦ The plaintiff is entitled to an order compelling the defendants to sign transfer documents for the land parcel Mombasa/Block XLIV/123 in his favor.
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Joespher Auma Jacob v Hassan Bunu & 6 others [2017] KEELC 2354 (KLR)
✦ The application is without merit and the suit remains in the magistrate's court.
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Maureen Adhiambo v Charles Otieno Oyugi & 2 others [2017] KEELC 2666 (KLR)
✦ The Plaintiff's claim over the land in the Tribunal case is dismissed.
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Joseph Mutwiri Maingi v Salim Mruche [2017] KEELC 183 (KLR)
✦ The court finds that the plaintiff has a prima facie case and that the defendant's interference with the plaintiff's land constitutes irreparable damage.
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David Macharia Kinyuru v District Land Registrar, Naivasha & another [2017] KEELC 2474 (KLR)
✦ The restriction should be removed as the applicant has not filed a suit to claim ownership of the land and the restriction has been in place for over 3 years.
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Lucia Jepkemoi Cheptim v Richard Chesimet [2017] KEELC 2443 (KLR)
✦ An injunction is granted restraining the defendant from developing, erecting any structures or trespassing upon or interfering with the plaintiff's quiet possession of Commercial Plot No. 108 at Tarakwa 'A' for a period of one year.
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Samuel G. Njoroge (Suing as the legal representative of the Estate of Late Geofrey Giukaru Njoroge)(deceased) v Wanje Holdings Limited [2017] KEELC 18 (KLR)
✦ The plaintiff's application is dismissed with costs to the defendant.
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Jane Muchiku Kimemia v John Mwenja Ngumba [2017] KEELC 2395 (KLR)
✦ The Plaintiff/Applicant’s notice of motion dated 28th November 2016 is allowed, and the notice of motion dated 3rd September 2016 which was dismissed on 28th November 2016 is hereby reinstated. The interim orders are reinstated and shall remain in force until the inter-partes hearing of the notice of motion dated 3rd September 2016 which should be set down for hearing expeditiously.
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Jones Alaka Kimatu v Joseph Kimatu [2017] KEELC 2279 (KLR)
✦ Allow the Notice of Motion dated 31st October, 2016 in terms of prayers 1 and 2 thereof. Costs of the application shall abide the outcome of the main suit.