Kenyan case law
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Michael Linkat & 2 others v David Leboo Kilusu & 2 others [2019] KEELC 2381 (KLR)
✦ The application is allowed, and the interested party Oloololo game ranch limited is enjoined in the suit. The prayer for an order directing the registrar and surveyor Trans Mara to visit the suit properties is found to be premature.
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Mary Njeri Ngahu v James Kanui Njoera & another [2019] KEELC 2606 (KLR)
✦ The court found in favor of the Plaintiff and ordered the Defendants to return the suit land to the rightful owner.
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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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Beatrice Njoki Kori & 2 others v Edward Munene & 3 others [2019] KEELC 2465 (KLR)
✦ The suit is res-judicata and is hereby dismissed with costs to the defendants.
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Omurwa Otwori v Simeon Change & another [2019] KEELC 2223 (KLR)
✦ The court finds in favor of the Plaintiff, Omurwa Otwori, and orders the cancellation of the land transfer and the restoration of the land to the Plaintiff's name.
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Eunice Nyambura Muthuci & 5 others v Kenneth Kinyua Wabetta & 5 others [2019] KEELC 2423 (KLR)
✦ The plaintiffs have not proved their claim for adverse possession.
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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.
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Michael Munene Kuburia & another v Virginiah Muthoni Gachubi & another [2019] KEELC 2394 (KLR)
✦ The plaintiffs have not proved the existence of a customary trust in the suit land that is capable of being implied by this Court.
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Naomi Chepkering Bitok v Enock Kipkirong Bitok & 2 others [2019] KEELC 2621 (KLR)
✦ The court reviews its finding that the respondent did not file a replying affidavit and finds that construction of a pit latrine cannot be considered a health hazard. The court orders the temporary structure to be used as a servant quarters and limited to 3 rooms.
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Kyanjau Co-operative Society Limited v Miriam Wanjiru Nganga [2019] KEELC 2604 (KLR)
✦ The appeal is dismissed with costs as the delay was inordinate and the appeal has no overwhelming chances of success
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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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Joseph Kathuri Mugo v James Gicobi Karanja [2019] KEELC 2467 (KLR)
✦ The application is allowed. The order dismissing the suit for non-attendance and want of prosecution is set aside. The suit is reinstated. The plaintiff is ordered to pay the defendant costs of Kshs.5,000.
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Josephson Gakuru Gachoki & 23 others v James Ndege Njuguna & 8 others [2019] KEELC 2460 (KLR)
✦ The application is dismissed with costs to the respondents
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Michael James Karanja v Boro Kabuthia & 10 others [2019] KEELC 2727 (KLR)
✦ The court does not think this is a proper case where the discretionary jurisdiction to set aside a regular judgment should be exercised by this court.
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Aricarenda Wathitha v Zipporah Wangechi Muturi & another; Joyce Muthoni Muriuki (Substitute) [2019] KEELC 2386 (KLR)
✦ Customary law trust exists between the plaintiff and the 2nd defendant in respect of the suit land. The registration of the 2nd defendant's title to the suit land was not fraudulently obtained.
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Ejidio Kariithi Cimba (Suing as the Legal Representative of the Estate of Moses Gachoki Kimwea (Deceased) & another v Kirinyaga County Council & 2 others [2019] KEELC 2464 (KLR)
✦ The application is dismissed with costs to the respondents.
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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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Henry Omweno Ongori v Joseph Nyandwaro alias Geoffrey Nyandwaro Obara (Environment and Land Appeal 4 of 2019) [2019] KEELC 1928 (KLR) (28 June 2019) (Judgment)
✦ The appeal is allowed, and the learned trial magistrate's order dismissing the Appellant's application for an interlocutory injunction is substituted with an order requiring the parties to maintain the status quo 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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Kirangi Nyamu v Ireri Mbogo & 3 others [2019] KEELC 2692 (KLR)
✦ The court finds no merit in the applicant's notice of motion and dismisses it with costs to the respondent
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Ams Properties Limited v Kenya Airports Authority [2019] KEELC 2832 (KLR)
✦ The Court finds that the Preliminary Objection has grounds upon which it can be entertained. The Court lacks jurisdiction to entertain a claim for compensation as the dispute is to be resolved through a single arbitrator appointed by the Chief Justice under Section 33(1) of the Kenya Airports Authority Act.
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Eliab Imbiakha Musha v Rodgers Orata Kweyu & 2 others [2019] KEELC 2563 (KLR)
✦ The plaintiff's request for a declaration and rectification of the disputed land is granted.
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Limon Investments Limited & another v Nairobi City County [2019] KEELC 2809 (KLR)
✦ The application for contempt is dismissed with no order as to costs.
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Noorlands Ltd v Kenya Power Lighting Co. Ltd [2019] KEELC 1818 (KLR)
✦ The application is allowed in terms of prayer 3 of the application on condition of provision of security. Costs of the application ordered in the cause.
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Kennedy Olowasin Sapai (Suing on behalf of the estate of the late Okware Omwenga) v David Ondieki Mosori [2019] KEELC 2696 (KLR)
✦ The court dismisses the application and finds that the Plaintiff/Applicant has not demonstrated sufficient case to justify the court's discretion.