Kenyan case law
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Wakf Commission of Kenya v Mohamed (Environment & Land Case 84 of 2016) [2017] KEELC 3873 (KLR) (15 June 2017) (Ruling)
✦ The defendant’s defense is dismissed as a sham, and the plaintiff is granted vacant possession of the premises within 30 days.
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Martin Muthama & 2 others v Kenya Wool Investment Company Limited & 3 others [2017] KEELC 2328 (KLR)
✦ The court orders the Land Registrar to cancel the title deed registered in the names of Dopp Investments Limited and to substitute the Plaintiffs' names in the land records as the owners of the property.
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Mary Njoki Muya v Francis Musundi Omari & another [2017] KEELC 2496 (KLR)
✦ The application is granted, the originating summons is deemed as the plaint and the supporting affidavit is deemed as the applicant's statement. The matter is consolidated with Eldoret Environment and Land Case No. 248 of 2013.
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Remmy K. Sang v Family Bank Limited & 12 others [2017] KEELC 2490 (KLR)
✦ The application is dismissed.
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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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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.
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John Theuri Mathenge & another v Philomena Wangui Githegi [2017] KEELC 2407 (KLR)
✦ The court held that the nature of the claim requires a hearing on the merits and dismissed the application for judgment in default.
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Samson Kanihu Gathuru v Esman Nyandika Onsarigo [2017] KEELC 2350 (KLR)
✦ The court orders maintenance of the status quo, with no party allowed to make any development on the property or transfer the property to a third party until the hearing and determination of the suit.
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Mohamed Riaz Shoukat & another v Yasin Abubakar Argwings Kodhek & 3 others [2017] KEELC 2323 (KLR)
✦ The court finds that the defendants trespassed onto the plaintiffs' land and ordered a permanent injunction against them.
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Mercy Zilia Mwakera & 2 others v Davis Mining Co. Limited [2017] KEELC 2348 (KLR)
✦ The plaintiffs have failed to satisfy the conditions for granting the orders sought and the Notice of Motion dated 10th September 2015 is hereby dismissed with costs to the respondents.
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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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Abdalla A. Abdulrhman v Ministry of Lands and Planning & Housing Mombasa County & 7 others [2017] KEELC 2305 (KLR)
✦ The application is partly successful, the contempt of court has not been proved, and the applicants are granted orders in terms of prayer 4 of the Notice of Motion.
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Julius Kuria Nganga v Wambui Kigamba [2017] KEELC 2702 (KLR)
✦ The court dismisses the Notice of Motion with costs to the Defendant/Respondent.
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Espere Kenya Limited v Sam Mureithi [2017] KEELC 2674 (KLR)
✦ The court finds that the Plaintiff/Applicant has not been able to establish the principle for the grant of both the temporary and mandatory injunctions. The Notice of Motion is accordingly dismissed.
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Mao Otieno Ndege v Barrack Ohulo Opwapo [2017] KEELC 2649 (KLR)
✦ The Defendant's application to dismiss the suit for want of prosecution is dismissed with costs.
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Mohamed Swaleh Karama Hantosh v Khalid Swaleh Karama & another [2017] KEELC 61 (KLR)
✦ The application is dismissed with costs to the 1st defendant.
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Consolata Pande & another v Ashish Bhupendera Patel & 4 others [2017] KEELC 2654 (KLR)
✦ The court finds the notice of motion dated 25th November 2015 to be without merit and dismisses it with costs.
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Margaret Wairimu Magugu v Karura Investment Limited & 4 others [2017] KEELC 2248 (KLR)
✦ Allow the withdrawal of the two applications dated 19th January 2017 and 10th April 2017.
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Prafulla Enterpreses Limited v Katangi Development Limited & 2 others [2017] KEELC 2659 (KLR)
✦ The notice of motion dated 15th August 2016 is without merit and is dismissed with costs.
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Dancun Otieno Okwiri v Kenya Industrial Estates Limited & another [2017] KEELC 2652 (KLR)
✦ The application is dismissed with costs, and the interim order of injunction issued on February 15, 2016, is hereby vacated.
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Lilian Atieno Odima v Erick Omondi Ombwayo [2017] KEELC 2667 (KLR)
✦ The court allowed the Defendant’s notice of motion limited to the parties maintaining the status quo obtaining when this suit was filed in respect of the portion of the suit land occupied by the Defendant pending the hearing and determination of this suit. The costs will be in the cause.
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Registered Trustees Archdiocese of Kisumu v Bank of Africa (Kenya) Limited [2017] KEELC 2669 (KLR)
✦ The court finds that the Plaintiff has failed to establish a prima facie case for the issuance of temporary orders of injunction and inhibition. The court also finds that the Plaintiff does not suffer irreparable loss and the balance of convenience tilts against issuing the orders sought.
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Phanuel Nyateng v Town Clerk, Mohoroni Town Council [2017] KEELC 2670 (KLR)
✦ The Plaintiff has failed to establish his case on balance of probabilities and his case is therefore dismissed with costs.
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Ebby Minayo Mungasia v Shadrack Macharia Mwangi & another [2017] KEELC 2510 (KLR)
✦ The court dismissed the plaintiff's suit and allowed the defendant's counterclaim.
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John Maina v Stanley Nduati & 5 others (suing as the officials and representatives of Kays Welfare Association) [2017] KEELC 1998 (KLR)
✦ The Association has locus standi and the court has jurisdiction to hear the case.