Kenyan case law
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Republic v Chairman Land Dispute Appeals Tribunal at Embu & another Mathuva Mukemba(Interested Party); Ex-parte Kyunguti Muuki & Mbaika Kaviti Kyunguti [2019] KEELC 2608 (KLR)
✦ The application has merits and the court grants prayers 1, 2, and 3 with costs in the cause.
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Andrew Omboto & 3 others v Mwalimu National Investment Co-operative Sacco Limited & another [2019] KEELC 2007 (KLR)
✦ The court declares that the Defendants' construction of the building on L.R. No. Nairobi/Block/140/85 is illegal and directs that the construction be demolished.
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Belis Evayo Olaka v Hoskin Indimuli Olaka; Lawrence Ojiambo Mugeni (Interested Party) [2019] KEELC 2668 (KLR)
✦ The court finds that Olaka had capacity to transfer the plot to Mugeni, and dismisses Olaka's suit while granting Mugeni an order of eviction and a permanent injunction.
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Ephantus Mputhia M’anyiri v Bonface Marangu [2019] KEELC 2628 (KLR)
✦ The court grants an order of inhibition on the land pending the hearing and determination of the suit.
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Nancy Nyawira & another v Archer Dramond Morgan Ltd; Chief Land Registrar (Interested Party) [2019] KEELC 2536 (KLR)
✦ The Defendant is not entitled to extend time to file an appeal out of time or to have the Notice of Appeal deemed as duly filed within time.
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Micheal Thoya Mbwana v Hussein Karimbhai Anjarwalla [2019] KEELC 1820 (KLR)
✦ The application is allowed, and the consent order and originating summons are set aside.
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Charles Munene Gatimu v Attorney General & 5 others; Ghanshyam Manji Vekariya & another (Interested Parties) [2019] KEELC 2532 (KLR)
✦ The court orders the preservation of the suit land by allowing the Application for a temporary injunction.
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Sanamwala Ole Mutua Nkairipiani v County Government of Narok & 4 Others [2019] KEELC 2652 (KLR)
✦ The court will leave the issue to be determined in the substantive petition
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Daniel Njogu Nyaga v Alice Wanjiku [2019] KEELC 2192 (KLR)
✦ The plaintiff's suit is dismissed with costs, and the defendant's counter-claim is found to be proved.
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Jones Mokaya v Edward Moenga Nyaanga [2019] KEELC 2694 (KLR)
✦ The court found in favor of the Plaintiff, declaring that the Defendant's rights to recover the whole of LR No. Central Kitutu/Daraja Mbili/1792 are barred under the Limitations of Actions Act and his title extinguished.
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Alex Mulinge Opati v Rose Nzisa Mung’alu & another [2019] KEELC 2517 (KLR)
✦ The Plaintiff has proved his case on a balance of probabilities and is the absolute owner of the suit land.
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Douglas Onyancha Omboga & 3 others v Joseph Karanja Wamugi & 4 others [2019] KEELC 2519 (KLR)
✦ The court stays the execution of the judgment pending the appeal, allowing the 3rd Respondent to file the Record of Appeal within 60 days.
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Agnes Wanjiru Njogu (Suing in her capacity as the Legal representative to the Estate of Joseph Njogu Githaiga) v Nicholas Kiragu Ngacha [2019] KEELC 2171 (KLR)
✦ The plaintiff has proved her case to the required standard, and the judgment is in favor of the plaintiff.
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Kimiti Ole Nkaangi v David Mutuku Kilonzi & another [2019] KEELC 2521 (KLR)
✦ The court dismisses the application to review the judgment, finding that the issues raised were not addressed at the hearing and cannot be considered an error apparent on the face of the record.
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Christopher Mutemi Mutio v Esther Masaa Kaesa & 4 others [2019] KEELC 2522 (KLR)
✦ The Application is dismissed with costs.
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Republic v Postal Corporation of Kenya Ex Parte Romiko Channels Limited [2019] KEELC 2528 (KLR)
✦ The court allows the application, quashing the Respondent's decision to terminate the lease, and orders the extension of the lease for five years with payment of land rates.
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Jane Njeri Muriithi v Peter Githinji Muthigani [2019] KEELC 2232 (KLR)
✦ The court allows the appeal and sets aside the order of 18.8.2010, finding it null and void ab initio.
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Republic v Chairman National Land Commission & 4 others; Pacifica Mwango (As administrator of the estate of Simon Kegesa)[Interested Party]; Ex Parte Aboko John Samuel Kumenda & another [2019] KEELC 2713 (KLR)
✦ The decision to revoke the land title is unsustainable and quashed.
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Kenya Broadcasting Corporation v Komarock Ranching and Farming Co-operative Society Limited & another [2019] KEELC 2533 (KLR)
✦ The court dismissed the Plaintiff's Notice of Motion dated 6th June, 2018, and upheld the Plaintiff's Notice of Motion dated 1st December, 2017.
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Saleh Muhsin Shigog v Augus M. Dishi & 18 others [2019] KEELC 1812 (KLR)
✦ The court found that the defendants' occupation of the land was illegal and entered judgment in favor of the plaintiff.
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Sabenzia Achitsa Amuti v Kaitano Ashiono Embali Lukutsa [2019] KEELC 2494 (KLR)
✦ The application is dismissed with costs.
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Kithu Mucamo v Edward Kagane Kagoce [2019] KEELC 2646 (KLR)
✦ The appeal is dismissed in its entirety without prejudice to the right of the Appellant to seek an appropriate remedy under Order 10 Rule 11 of the Civil Procedure Rules.
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Chavugami Pag (Suing through Javan Omega) v Joseph Agesa & another [2019] KEELC 2560 (KLR)
✦ The application is dismissed with costs as the applicant has not shown a prima facie case with a probability of success and the balance of convenience tilts in the respondents' favor.
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Andrew Mulili Mwaithya v Shekeine Ole Koilekine [2019] KEELC 2612 (KLR)
✦ The Court finds that the Defendant failed to complete the sale transaction as per the agreement and orders the Defendant to complete the sale transaction within 30 days of the judgment.
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Lucia Teeka v Joel Zakayo Nchoe [2019] KEELC 2516 (KLR)
✦ The appeal is dismissed, and the judgment of the trial court is upheld