Kenyan case law

Jonathan Tsuma Lewa (Suing as the Attorney of Tsuma Walea Musolo v Antony Mwangi [2020] KEELC 2870 (KLR)

✦ The Preliminary Objection is dismissed, and the Plaintiff's application to amend the Plaint and have all issues between the parties resolved within the suit is allowed.

Joshua Kiprono Kamoing (suing as the personal representative of the estate of Elijah Kamoing Boldo) v Joseph Chepkwony [2020] KEELC 2759 (KLR)

✦ The grant of letters of administration is accepted tentatively, and the plaintiff is ordered to pay costs.

Peter Kamau Munene v Winfred Wambui Gichuru [2020] KEELC 2829 (KLR)

✦ The court found that the land belonged to the deceased couple and their family, and the plaintiff's title was fraudulent. The court ordered the plaintiff to remain in possession of the land but not to dispose of it.

Mary Wambui Waweru v Serah Wanja Wachira (sued as the personal Representative of the Estate of Lyster Wachira Mwangi (Deceased) [2020] KEELC 2769 (KLR)

✦ The court dismissed the application for stay of execution, finding that the judgment did not order the defendant to do or abstain from doing any act, and that a stay would not be an efficacious order in those circumstances.

Nassir Khamis Baleth v Kurt Mayer & 3 others [2020] KEELC 2878 (KLR)

✦ The suit and application are struck out with costs awarded to the Plaintiff's advocate for Charo Baya Mwavuwa.

Joyce Muthoni Waciuma v Cabinet Secretary for Lands, Housing and Urban Development & 4 others [2020] KEELC 2810 (KLR)

✦ The application is dismissed with costs as the respondents have taken steps to reinstate the records as at 21st December 1978 in accordance with the decree of the court.

Benson Moranga Nyachio v Raphael Musyoka Masili [2020] KEELC 2472 (KLR)

✦ The application is dismissed with costs as the notice of motion dated 12th February, 2019 lacks merit.

Mark Ademba Okumu v Daniel Ojiji Odhiambo [2020] KEELC 2741 (KLR)

✦ The costs of the application to the applicant are awarded.

Koi Anthony Kahindi v Alphonce Mzungu & another [2020] KEELC 2895 (KLR)

✦ The Court finds in favor of the Defendants, declaring that they are the rightful owners of the disputed land portions.

Amir Ahmed & 2 others v Katana Chai & 55 others [2020] KEELC 2890 (KLR)

✦ The Court dismisses the Defendants' application to review and set aside the previous judgment dismissing their Originating Summons and directing them to vacate and demolish unauthorized structures on the suit property.

Imanke Ole Lekincha Lolojie & 105 others v Mailua Group Ranch & 2 others [2020] KEELC 2825 (KLR)

Koeleken Sandiko & 2 others v Attorney General & 2 others;Bikatu Ole Saoli & 67 Others (Interested Parties) [2020] KEELC 2722 (KLR)

✦ The petition will proceed by way of written submissions, with the petitioners and respondents filing and exchanging all documents they wish to rely on within 21 days, and the petitioners filing and serving their submissions within 30 days of the exchange of all documents, and the respondents filing their submissions within 21 days of the petitioners' submissions.

Maria Zaccagnino v Wanjiru Yusuf Abdalla (Environment & Land Case 227 of 2017) [2020] KEELC 2875 (KLR) (6 May 2020) (Judgment)

✦ The Court finds in favor of the Plaintiff and orders specific performance of the agreement.

Daniel Mbogo Kalume v Stephen Kahindi t/a Luna Pub [2020] KEELC 2884 (KLR)

✦ The court found that Kahindi's purchase and construction were valid and that Kalume's claim of encroachment was malicious and without basis.

Belina Nangila Simiyu & Benson Wabomba Palanga v Francis Wamalwa Were [2020] KEELC 2714 (KLR)

✦ The status quo is maintained pending the hearing and determination of this suit.

Republic v County Land Adjudication and Settlement Officer-Laikipia County & another (Interested Parties); Kibaiga Kirangu Kimiri (Ex-parte) [2020] KEELC 2563 (KLR)

✦ The application for stay of taxation proceedings is dismissed.

Livingstone Mwangi Kahiga v Mohamed Awadh Islam [2020] KEELC 2708 (KLR)

✦ Plaintiff's application for a temporary injunction is granted

Angelina Kalamba Mwasi & 5 others v Versus Mbaruk Ayub Ali Mbaruk [2020] KEELC 2259 (KLR)

✦ The appellants were entitled to rescind the sale agreement and refund the respondent the sum of Kshs. 450,000. The respondent was not entitled to the disputed house and must vacate the premises. The respondent was not entitled to any of the orders he sought in his plaint.

Samera Aziz (Suing as the Administrator of the Estate of Mohamed Bashir Merajdin Ahmed Bux) v Douglas Mwangi Muteru & others [2020] KEELC 2342 (KLR)

✦ The application for amendment of plaint is allowed

Republic v Chief Magistrate Court Narok & 2 others Ex parte Henry Rufus Ole Kulet [2020] KEELC 2514 (KLR)

✦ The Chief Magistrate Court lacked jurisdiction to adopt the award as the Land Dispute Tribunal Act 1990 was repealed and the court was acting under a repealed provision.

Nixon Katembu Masika v Ainea Watswenje Mutsami [2020] KEELC 2866 (KLR)

✦ The defendant breached the contract by not transferring the land to the plaintiff and by not refunding the purchase price.

Ole Naadukila & 19 others v Ole Meshuko & 25 others [2020] KEELC 2757 (KLR)

✦ The application to be enjoined as an interested party is dismissed as the inclusion of the plaintiffs will not assist the court in determining the dispute.

Esther Jepotip Cherekweny v Charles Kimutai Rotich & 2 others [2020] KEELC 2887 (KLR)

✦ The Court found that the Plaintiff has made a reasonable case for a stay of execution order pending appeal.

Erick Kiplangat Cheruyoit v Richard Masoi & 33 others (Environment & Land Case 262 of 2017) [2020] KEELC 2503 (KLR) (6 May 2020) (Ruling)

✦ The application is dismissed

Peter Pererua ole Ntururu v Josephine Renoi Sankei [2020] KEELC 2527 (KLR)

✦ The lease agreement was not breached, and the Plaintiff is not entitled to damages. The counterclaim for the value of destroyed sugar cane is dismissed.