Kenyan case law
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Registered Trustees of Christ’s Co-Workers Fellowship v Kenya Railways Staff Retirement Benefits Scheme & another [2019] KEELC 2615 (KLR)
✦ The appeal is dismissed. The Tribunal properly exercised its jurisdiction in rejecting the application for review.
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Priscilla Muhonja v Hesbon Jahonja [2019] KEELC 2507 (KLR)
✦ The plaintiff is the beneficial and registered owner of the land titled KAKAMEGA/MUDETE/198, and the defendant must vacate the property within six months.
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John Kimani Waweru v Christopher Waithka Karitu [2019] KEELC 2736 (KLR)
✦ The application is allowed, the suit is reinstated for hearing and determination on the merit, and the case is transferred to the Chief Magistrate's court.
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Patrick Mwangi Waweru & 3 others v William Njihia Kimani [2019] KEELC 2697 (KLR)
✦ The court granted the interim injunction sought by the Applicant.
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Marion Njeri Macharia (Suing as legal representative of the estate of John Macharia Mwangi v Silibwet Primary School Board of Management & 3 others [2019] KEELC 2711 (KLR)
✦ The court set aside the judgment of October 4, 2018, and ordered the matter to be reinstated for hearing.
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Khadija Khatioli Okutoyi v John Mwanza Kenyatta & 2 others [2019] KEELC 2504 (KLR)
✦ The application is granted, and the Notice of Appeal filed on 21 March 2019 is deemed duly filed from the date of granting leave.
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Sakina Abdalla M v Alice K. Mulu [2019] KEELC 2584 (KLR)
✦ The application is dismissed with costs.
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Orata International Limited v National Environment Management Authority [2019] KEELC 2599 (KLR)
✦ The Court dismissed the application, finding that the Applicant had a recourse to proceed to the National Environmental Tribunal and not the ELC court.
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Bhanumati Ishwarlal Ghadialy v Thomas Maseki Maera & another [2019] KEELC 2644 (KLR)
✦ The court grants the Plaintiff's claims and orders the 1st Defendant to vacate the land and cancel the grant issued to him.
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Joseph Kingori Gikonyo v Sumac Microfinance Bank [2019] KEELC 2508 (KLR)
✦ The court granted the application and ordered a stay of sale of the land pending the hearing and determination of the application.
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Isaac Anyula Khatete v Wilson Francis Onjungu & 3 others [2019] KEELC 2491 (KLR)
✦ The court orders the District Land Registrar and the County Land Surveyor to visit the parcels and establish proper measurements and boundaries.
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Adriano I. Ambani v Christopher A. Musatsi (Environment & Land Case 329 of 2017) [2019] KEELC 2497 (KLR) (2 July 2019) (Judgment)
✦ The defendant is the absolute registered proprietor of land parcel No. South Kabras/Shamberere/1735. The plaintiff's claim for cancellation is granted.
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Marion Wanjiru Njoroge v Margaret Wambui Njau & 6 others [2019] KEELC 2669 (KLR)
✦ The Court found in favor of the Plaintiff, ruling that she is the legitimate owner of the suit land.
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Elijah Chepkwony Chirchir v Joel Kipngeno Rop [2019] KEELC 2744 (KLR)
✦ The court finds that the plaintiff is not entitled to the order of review of the court's ruling.
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Lydia Akelo Ochuka v Cecilia Mwikali Kaloki & another [2019] KEELC 2591 (KLR)
✦ The Plaintiff is entitled to a full refund of the purchase price including interest, special damages, and costs.
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Abdirahman Mohamed Elmi t/a Elmi Traders v Mary Nyambeki & 2 others [2019] KEELC 2595 (KLR)
✦ The Plaintiff's claim is dismissed with costs to the 3rd Defendant.
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Alice Muthoni Kinyanjui & another v Simon Kamweti Kaguru & another [2019] KEELC 35 (KLR)
✦ The Court declines to issue any orders allowing the Plaintiffs free engress and ingress to the suit property as the suit property is registered in the name of the 1st Defendant. However, the 1st Defendant is restrained from alienating, disposing, transferring, charging, mortgaging and/or dealing with the suit property in whatever manner that would be prejudicial or detrimental to the preservation of the said suit property until the suit is heard and determined.
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Katiku Kasina & 3 others v Peter Ngulu Muturi [2019] KEELC 2626 (KLR)
✦ The suit is dismissed with costs to the Defendant
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Philip Kamangu Gatiu & another v Mary Wanjiku Wamutu [2019] KEELC 1943 (KLR)
✦ The Appellants’ appeal is struck out with costs due to non-disclosure of material facts.
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Mboe Sambu Resource Limited v Aden Hussein Mohammed [2019] KEELC 2228 (KLR)
✦ The Court finds no merit in the Plaintiff's application for a temporary injunction and dismisses it with costs to the Defendant.
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Pacifika Kemunto Nyamongo & another v Agnes Moraa Kinyosi [2019] KEELC 2221 (KLR)
✦ The Plaintiffs are the lawful owners of the land parcel and the Defendant must vacate it within 60 days or face eviction.
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James Njiraini v Josphine W. Mithamo & another [2019] KEELC 2458 (KLR)
✦ The application dated 11th January 2018 lacks merit and is hereby dismissed with costs to be in the cause.
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Kabuitu Gakundi v Nicasius Kabuitu Gakundi [2019] KEELC 2407 (KLR)
✦ The plaintiff's suit is dismissed, and the counter-claim is allowed. The registration of the plaintiff as owner of the land parcels is declared irregular and unlawful. The land shall revert to the original owner, Kabuitu Gakundi.
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John Muriithi Titus & 27 others v Minister for Lands Kirinyaga County & another [2019] KEELC 2441 (KLR)
✦ The application to strike out the defendants' defence is dismissed. The defendants' defence is not a sham and requires evidence to be adduced to determine its veracity.
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Kinyua Jackton v Francis Muchira Kiura [2019] KEELC 2399 (KLR)
✦ The plaintiff's claim for adverse possession is dismissed as his occupation was interrupted by a court order and he was not in exclusive, continuous, and uninterrupted possession for 12 years.