Kenyan case law
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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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Rose Chepkoech Rotich v Elias Kiplagat Busienei [2020] KEELC 2862 (KLR)
✦ The Court dismissed the Defendant's application to set aside the exparte proceedings of 2nd October, 2019.
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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
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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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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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Elijah Sadala Msagha v Benedict Mwakio Mchombo & another [2020] KEELC 2273 (KLR)
✦ The court declared that the 1st defendant entered into the subject lease with the 2nd defendant as trustee of the plaintiff who held no legal title to the demised land. It also declared that all payments made by the 2nd defendant to the 1st defendant in respect of the lease over the land parcel MN/V/729 are held by the 1st defendant in trust for the plaintiff. The 1st defendant is ordered to pay the plaintiff all monies received in respect of the lease over the land parcel MN/V/729 and any costs should be shouldered by the 1st defendant.
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Amos Kibatia Githeko v Loise Gachiku Kinuthia & 4 others [2020] KEELC 2774 (KLR)
✦ The Court dismissed the recusal motion and the transfer application.
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Kenya Veterinary Vaccines Production Institute ( KEVAVAPI) v Attorney General & 15 others [2020] KEELC 2553 (KLR)
✦ The Judge's remarks were taken out of context and the application for recusal is dismissed.
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Peter Irungu Wainaina v Chege Njihia & 2 others [2020] KEELC 2910 (KLR)
✦ The Plaintiff has not established adverse possession of the suit land.
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Cheseret Arap Korir v Equatorial Land Holdings Ltd [2020] KEELC 2831 (KLR)
✦ The court grants the injunction sought by the Respondent
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Edward Karanja v Koisani Ole Kawuonko [2020] KEELC 2580 (KLR)
✦ The appeal is not made in bad faith, and the orders sought are granted
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Andrew Mwangi Chui & another v Hass Petroleum (K) Limited [2020] KEELC 2538 (KLR)
✦ The 1st Plaintiff's applications for injunctions are dismissed with costs
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Johnson Lesanyane Echwa & 11 others v County Government of Turkana & another [2020] KEELC 2196 (KLR)
✦ The court found that the petitioners have not established a violation of their rights under the constitution by the respondents.
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Joseph Njuguna Kabugua v Peter Njuguna Giiko & another [2020] KEELC 2858 (KLR)
✦ The Plaintiff/Applicant is granted a declaration that the Defendants are illegally occupying the land and are ordered to be evicted.
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Bernard Mwangi Maina & 2 others v Julius Kamau Mwangi & 4 others [2020] KEELC 2782 (KLR)
✦ The suit is discontinued wholly, and no application for review or amendment of pleadings can be made.
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Meso Multiporpose Society Limited v Luore Nyairo Company Limited & 3 others [2020] KEELC 24 (KLR)
✦ The plaintiff’s suit is dismissed. The 1st defendant’s counter-claim is allowed in terms of prayers (a) and (b) of the 1st Defendant’s counter-claim. The plaintiff and its members are ordered to vacate and deliver vacant possession of the suit properties within sixty (60) days from the date of delivery of this judgment.
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Kenya Railways Corporation v Mamusu Enterprises Ltd & 3 others [2020] KEELC 2854 (KLR)
✦ The Court dismissed the application to set aside the consolidation order and transfer the case to the High Court.
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Terrazo Enterprises Limited v Helena Njeri Mbugua [2020] KEELC 2462 (KLR)
✦ The suit should not be struck out as the Defendant was already aware of the suit and participated in subsequent proceedings.
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Benson Mugweri Muchiri v Lillian Regeria Kageeno Nkatha [2020] KEELC 2826 (KLR)
✦ The Plaintiff is not entitled to orders of temporary injunction in respect to the suit land pending the outcome of the suit.
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Kiplagat Kotut v Rose Jebor Kipngok [2020] KEELC 2832 (KLR)
✦ The grounds raised by the Defendant are not well-founded.
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Republic v Official Receiver and Liquidator & another Ex parte Transmatter Kenya Company Limited [2020] KEELC 2876 (KLR)
✦ The application is dismissed as premature and an abuse of process
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Moses Mbatia & another (Suing as administrators of the estate of Gakobo Mbuthia v Joseph Wamburu Kihara [2020] KEELC 2896 (KLR)
✦ The application is allowed and the suit is revived, the Plaintiffs are substituted in place of the deceased, and the Plaintiffs are given 30 days to amend the plaint.
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Embakasi Ranching Company Limited v Dorcas Ayoma Mbalanya [2020] KEELC 2500 (KLR)
✦ The appellant's application for a stay of execution is dismissed with costs to the respondent as it is an abuse of the court process and lacks merit.