Kenyan case law
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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
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Kennedy K. Shikuku t/a Eshikhoni Auctioneers v Classic Interior Ltd [2019] KEELC 2566 (KLR)
✦ The application is dismissed with costs as it seeks to enforce a right through a miscellaneous application, which is not permissible.
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Ndumberi Farmers Co Ltd (In Liquidation) v Shah & 2 others (Environment & Land Case 1213 of 2013) [2019] KEELC 2659 (KLR) (4 July 2019) (Ruling)
✦ The court ordered the 3rd defendant to rectify the land registration records and refund the land sale proceeds.
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Martin Wanyonyi (C.E.O Western Kenya Legal Aid Organization) & another v County Government of Bungoma & 2 others [2019] KEELC 2703 (KLR)
✦ The Court allows the application to exempt the Applicants from paying court fees.
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Albert Kariuki Kanake v Attorney General [2019] KEELC 2214 (KLR)
✦ The plaintiff failed to prove he was the husband of Rose Muthoni Kariuki or that the suit property was owned jointly by him and Rose Muthoni Kariuki. The caution was removed after proper notice was given, and the plaintiff is not entitled to compensation.
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Republic v Chairman National Land Commision & 2 others; Macharia Kinyanjui (Chairman, Kamiti Anmer Development Association) & another (Interested Parties); Ex-parte Peter Njore Wakaba (Chairman Kamiti Forest Squatters Association) [2019] KEELC 2619 (KLR)
✦ The applicant is not entitled to an order of Certiorari and the application is dismissed.
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Kariobangi Sewage Farmers Self Help Group v Nairobi City Council & 2 others [2019] KEELC 2255 (KLR)
✦ The court ordered the Chief Officer Lands to produce records pertaining to the current status of the suit property.
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Musa Ndaliro Muchelule & others v National Land Commission & 2 others (Environment & Land Case 5 of 2018) [2019] KEELC 2541 (KLR) (4 July 2019) (Ruling)
✦ The application is dismissed with costs as the petitioners have not shown a prima facie case with a probability of success
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Melissa Muhonja Mmata v Lawrence Mmata Chore & another; Attorney General & another (Interested Parties) [2019] KEELC 2593 (KLR)
✦ The court finds that the facts in this case can only be determined once the same go to full trial.
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Anne Mumbi Hinga v Gaitho Oil Limited [2019] KEELC 2542 (KLR)
✦ The Court found in favor of the Plaintiff and ordered the Defendant to vacate the suit land and pay damages.
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Bethwel Mwangi Githinji & 2 others v Harrison Wachira Wanjohi & another [2019] KEELC 2653 (KLR)
✦ The application is struck out with costs in favour of the Respondents
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Peter Muchoki Njuguna v Elias Mwororo Kamau [2019] KEELC 2645 (KLR)
✦ The application is dismissed
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Dickson Ngige Ngugi v Consolidated Bank Ltd (Formerly Jimba Credit Corporation Limited) & another [2019] KEELC 2051 (KLR)
✦ The application to dismiss the suit for want of prosecution is dismissed.
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Mary Enole Nkolia & 2 others (Suing in their capacity as personal rep. of Parmuat Ole Togam deceased) v Allan Musanka Togom & 2 others [2019] KEELC 2607 (KLR)
✦ The court lacks jurisdiction to hear and determine the suit and transfers it to the High Court's Family Division.
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Peter Andera Masakhalia v County Government of Kakamega [2019] KEELC 2549 (KLR)
✦ The court found that the defendant's actions were illegal and unlawful, and ordered compensation for the loss of 0.275 hectares of the plaintiff's land and special damages of Ksh. 1,688,089.80.
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Mahiga Macharia Ngenenia v Walter Kamau Kinyanjui [2019] KEELC 2594 (KLR)
✦ Appellant's application has no merit and is an abuse of the process of the court
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Eliud Muchiri Muchori v Muchori Macharia [2019] KEELC 2614 (KLR)
✦ The Court found in favor of the Plaintiff, confirming his claim of adverse possession and ordering the Respondent to execute a transfer and necessary acts to convey title and ownership to the Plaintiff.
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Micheal Kagume Gatura v Equity Bank (K) Ltd & another [2019] KEELC 38 (KLR)
✦ The Court finds that the sale of the suit property by Public Auction is a breach of the law and that the Plaintiff/Applicant is entitled to an injunction to preserve the status quo.
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Mary Wanjiku Mwaura v OCS Soweto Police Station/Officer In Charge of Administration Poice Umoja Division & another [2019] KEELC 2157 (KLR)
✦ The matter is hereby transferred to the lower court.
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Karunga Women Company Limited v Stephenson Kingara Ng’ang’a & another [2019] KEELC 2404 (KLR)
✦ The Court finds that the Plaintiff is entitled to mesne profits, special damages, general damages, costs of the suit, and interest.
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Republic v Business Prremises Rent Tribunal Ex parte Bashir Mussa Haji;Abdul Kader Mohammed t/a Arabian Delights Restaurant (Intended Interested Party) [2019] KEELC 2397 (KLR)
✦ The preliminary objection is dismissed as it lacks merit. The proposed interested party is enjoined as an interested party in the proceedings.
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Alice Ariko Makokha v Benard Musungu Dismas [2019] KEELC 2550 (KLR)
✦ The application is dismissed with costs.
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Michael Naygwa Otula v Magdalina Aluoch Daudi & 4 others [2019] KEELC 2689 (KLR)
✦ The plaintiff's motion is dismissed with costs, and the taxation of the defendants' bill of costs is allowed to proceed with the amount deposited in an interest-earning account in the joint names of the parties' advocates.
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Republic v Chairman Provincial Land Disputes Tribunal Committee & 2 others Ex-Parte Ledama Lelei [2019] KEELC 1898 (KLR)
✦ The application is dismissed with costs to the 3rd Respondent.