Kenyan case law
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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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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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Christopher Mwangi Munuhe v Geoffrey Nasubo [2020] KEELC 2795 (KLR)
✦ The Plaintiff has been in occupation and possession of the land for more than 12 years uninterrupted and has acquired a resistible interest in the land by adverse possession.
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Joseph Ngareh Kanyeria v Sarah Wandia Njogu (Sued in her capacity as the Legal Representative of the Estate of Njogu Kibaka (Deceased) [2020] KEELC 1957 (KLR)
✦ The defendant's title to the suit land parcel No. MWEA/MUTITHI/STRIP/926 has not been extinguished by adverse possession due to the lack of a binding sale agreement with fundamental ingredients.
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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.
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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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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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Lakeview Investment Limited v Jennifer Waithira Ndege & 2 others [2020] KEELC 2784 (KLR)
✦ The application for recusal is dismissed as the 2nd Defendant's only ground is that the presiding judge made a decision in his favour in previous interlocutory applications, which is not a valid reason for recusal.
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Nancy Nyawira & another v Archer Dramond Morgan Ltd; Chief Land Registrar & another (Interested Parties) [2020] KEELC 2725 (KLR)
✦ The court dismissed the application and upheld the earlier judgment.
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Samwel Odongo Omedo v Harrison Ochieng Kojwang [2020] KEELC 2622 (KLR)
✦ The suit is misconceived and dismissed with costs.
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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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Kingora Estate Limited v Victor King Mbithi [2020] KEELC 2608 (KLR)
✦ The Defendant did not prove her claim on a balance of probabilities and the Counter-claim is dismissed with no order as to costs.
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Kalondu Kyambo (Suing in her capacity as the legal representative of the Estate of Kyambo Ngata (deceased) v Peter Wanjohi Kamau (Sued as the Liquidator of Drumvile Farmers Co-operative Society Ltd) & another; Albert Athanas Makau Kyambo (Proposed Interested Party) [2020] KEELC 2680 (KLR)
✦ The Proposed Interested Party is joined as an Interested Party in the suit.
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Jacob M. Nzomo & another v Daudi Wambua Nyaka & 7 others [2020] KEELC 2663 (KLR)
✦ The Application is struck out for being incompetent due to the lack of a suit known in law before the court.
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Pius Kazungu Mweni & 12 others v Jefwa Nyale & another [2020] KEELC 2219 (KLR)
✦ The application to set aside the dismissal of the suit is dismissed with costs.
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Josphat Kuria Gathioni v James Maina Njoroge & 3 others; Betwel K Marindany & others (Intended Interested Parties) [2020] KEELC 2894 (KLR)
✦ The application for review and joinder of additional parties is dismissed
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Pauline Jepkorir (Suing in her capacity as the Legal Representative and Administratrix of the Estate of Geoffrey Kiplagat Maswai (Deceased) & another v Ernest Kiprop Arap Kogo [2020] KEELC 2873 (KLR)
✦ Pauline Jepkorir is allowed to be substituted as the plaintiff and enjoined as a party in the suit.
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Charles Oyaya & another v LA Nyavu Gardens Limited & 3 others [2020] KEELC 2524 (KLR)
✦ The court finds that the Defendants have not made a case for stay of proceedings and reference to arbitration, and that the Plaintiffs squandered their chance to have the matter referred to arbitration.
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Bridget Elsie Davies v National Land Commission, Ministry of Transport, Infrastructure, Housing and Urban Development, Kenya Railways Corporation, China Road & Bridge Corporation Ltd & Attorney General (Environment & Land Case 18 of 2018) [2020] KEELC 2634 (KLR) (7 May 2020) (Ruling)
✦ The court denies the 3rd Defendant's application for review of the order allowing the withdrawal of the suit with no order as to costs.
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Magdaline Alphonce Cheposowor v Cheposupko Lonyareng & 5 others; Martha Siatukei James & 3 others (Interested Parties) [2020] KEELC 19 (KLR)
✦ The plaintiff's case is dismissed. The defendants' counter-claim is allowed. Costs of the suit are awarded to the defendants.
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Benson Mwangi v Lucy Njeri Mbogo [2020] KEELC 2892 (KLR)
✦ The appeal is dismissed with costs to the respondent.
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Republic v Reuben Kandugu Kahihania & 2 others; John Karugo Kuria (Interested Party) [2020] KEELC 2650 (KLR)
✦ The Court quashes the decision of the LDT and orders the Applicant to transfer the title to the 1st Respondent
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Power Plant Engineering Limited v Business Partiners International Kenya Limited [2020] KEELC 2840 (KLR)
✦ The court grants a stay of execution of the judgment pending the appeal