Kenyan case law

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.

In re Faulu Microfinance Bank Limited [2017] KEELC 2477 (KLR)

✦ The application is allowed, and the charge over the land parcel Nakuru Municipality/Block 10/51 made by County Wide (K) Investments Limited ought to be registered with the Registrar of Companies by a period of 30 more days from today.

Edwin Kipkorir Ngetich v Ann Simatei & 2 others [2017] KEELC 2366 (KLR)

✦ The court rejected the consent order and directed the parties to prepare their respective cases for trial.

Ally B Omondi v Joab O Awino [2017] KEELC 2333 (KLR)

✦ The application is dismissed as the Magistrates Court still has jurisdiction to determine the case.

Naftaly Ngugi Gakera v Asenwa Kipchakea Tirop & another [2017] KEELC 2392 (KLR)

✦ The application is dismissed with costs to the 2nd defendant.

Johnson Cheruiyot v Peter Koske & 5 others [2017] KEELC 2369 (KLR)

✦ The defendants' explanation for their delay is sufficient. The defendants' defence raises triable issues. The defendants' application is allowed, and the Notice to Show Cause is stayed on condition that the defendants deposit the decretal sum within fourteen days.

Kipkoech Arap Sang & 4 others v Principal Secretary, Ministry of Lands and Physical Planning & 3 others [2017] KEELC 2458 (KLR)

✦ Conservatory order granted for a limited period of six months

Ruth Wanja Mwangi v Samuel Mwaura Njuguna & 2 others [2017] KEELC 2451 (KLR)

✦ Prayers 2 and 3 of the application are dismissed as the DCIO Naivasha and Registrar of Persons are not parties to the suit and have not been given a hearing. Prayer 1 is granted, ordering the second defendant to produce documents from the District Lands Registry.

Isaiah Juma & another v Co-operative Bank Ltd [2017] KEELC 280 (KLR)

✦ The Court directed that the parties maintain the status quo and preserve the suit land parcels pending the hearing and determination of the suit.

A N S v W M & 2 others [2017] KEELC 2722 (KLR)

✦ The Court finds that the Plaintiff's marriage is presumed to be subsisting and thus will not delve into the merits of dividing the matrimonial properties.

Paul Muraya Kaguri v Simon Mbaria Muchunu [2017] KEELC 2002 (KLR)

✦ The court dismissed the appeal, finding that the premature adoption of the award was not sufficient grounds for review and that the applicant had not raised the issues in his current application.

James Waithaka Wachira v Dipti Bhatt [2017] KEELC 2703 (KLR)

✦ The application is dismissed with costs, and the suit is directed to be set down for hearing within 60 days.

Samir Chitranjan Gor v Official Receiver & another [2017] KEELC 2137 (KLR)

✦ The court determined that the plaintiff has proved his case on a balance of probabilities and entered judgment in favor of the plaintiff.

Peter Gathungu & another v Moffat Mwihuri [2017] KEELC 245 (KLR)

✦ The court entertains serious doubt whether the court would have issued the order for costs against the plaintiffs without affording them an opportunity to be heard on the issue.

National Oil Corporation of Kenya v Real Energy Limited [2017] KEELC 2403 (KLR)

✦ The court allows the applicant's application for a stay of proceedings pending appeal, finding that the applicant has made out an arguable appeal with a high likelihood of success.

Annunciata Nthambi Mwongela & 2 others v William Abuka & 2 others [2017] KEELC 2728 (KLR)

✦ The Plaintiffs have proved their case against the Defendants on a balance of probabilities, and the Defendants shall vacate the suit property within 60 days from the judgment date.

Njowambu Kenya Limited v Jinit Mohanlal Shah [2017] KEELC 2700 (KLR)

✦ The court dismisses the first Notice of Motion for dismissal of the suit for want of prosecution. The second Notice of Motion for an injunction is dismissed as the prayers were not sought pending the hearing and determination of the suit. The court directs the Plaintiff to set the matter down for hearing within 90 days.

Stephen Kamau Kinyanjui & another v James Esbon Mwangi Maigua & another [2017] KEELC 2332 (KLR)

Republic v District Land Registrar Embu [2017] KEELC 2567 (KLR)

✦ The court ordered the District Land Registrar to furnish the applicant with the required documents for sub-divisions and transfers of the land.

Mohamed Ali Mohamed & 4 others v Consolata Maingi & 2 others [2017] KEELC 2258 (KLR)

✦ The application is dismissed with costs

Mohansons (Kenya) Limited v Registrar of Titles & 2 others [2017] KEELC 2730 (KLR)

✦ The conservatory orders are granted, allowing the petitioner to have vacant possession of the property pending the determination of the petition.

Mwenda Kenga Mlamba v Nyevu Changawa & another [2017] KEELC 2719 (KLR)

✦ The Application is dismissed with costs to the Respondent

Juma Fadhili Omar v Kitsao Nzai & 2 others [2017] KEELC 2699 (KLR)

✦ The application is dismissed with costs.

Rakesh Rajspal v Paola Giacosa [2017] KEELC 2697 (KLR)

✦ The application is dismissed with costs to the Defendant.

Michieli Alberto & 39 others v Oversee Management Kenya Ltd & another [2017] KEELC 2709 (KLR)

✦ The court found that the contracts were valid and that the Defendants had breached them.