Kenyan case law

Operation Blessing International Relief & Development Corporation v Tinina Nakasri Shorde & 3 others [2020] KEELC 2813 (KLR)

✦ The Court grants leave to amend the Plaint to include the 2nd Plaintiff and to include additional statements on crucial issues concerning the suit.

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.

Agnes Masha Wanja v Kazungu Tangai & 4 others [2020] KEELC 2905 (KLR)

✦ The Court dismisses the application to reinstate the suit.

Rodah Chepkoech Koech v Belgut Enterprises Limited & another [2020] KEELC 2734 (KLR)

✦ The court dismissed the case as the plaintiff has not proved her case on a balance of probabilities.

Kalume Karisa Mbitha v Bromine Investment Limited [2020] KEELC 2881 (KLR)

✦ The Court of Appeal dismissed the Plaintiff's appeal and upheld the judgment of the Environment and Land Court.

County Government of Tana River v Dera Aburu & 3 others [2020] KEELC 2817 (KLR)

✦ The application is allowed, and the defendants are restrained from further selling, disposing, leasing, or interfering with the land.

Joshua Kipngetich Mutai 3 others v Equity Bank (K) Ltd & another [2020] KEELC 2718 (KLR)

✦ The application for an injunction is dismissed with costs

Rose Waruinu Muthemba v Rosalyna Dola Ouko & 2 others [2020] KEELC 2690 (KLR)

✦ The court finds in favor of the plaintiff, declaring that she has acquired title to Plot No. 44 by adverse possession and ordering the defendants to transfer the land to her after subdivision.

Maestro Connections Health Systems Ltd & 2 others v Riley Services & 14 others (Environment & Land Case 771, 840 & 1040 of 2016 (Consolidated)) [2020] KEELC 2559 (KLR) (5 May 2020) (Ruling)

✦ The court rules that Maestro must prove its allegations, and Arap Moi, as a defendant, does not have the obligation to provide evidence.

Margaret Muchiri v Eliphas Nyaga M’ribu [2020] KEELC 2904 (KLR)

✦ The appeal is dismissed with costs awarded to the respondent.

Dionecia Ciandeke v Ndururu Nyaga [2020] KEELC 2820 (KLR)

✦ The court finds in favor of the plaintiff, Dionecia Ciandeke, and orders the defendant, Ndururu Nyaga, to transfer one-half portion of the land to the plaintiff.

Edward Ngari Musa v Shadrack Nyaga Njeru [2020] KEELC 2883 (KLR)

Margaret Kanini Murage v Kinyua Murage [2020] KEELC 2874 (KLR)

✦ The appeal is dismissed. Costs are awarded to the respondent.

Dinesh Kumar, Jitendra Kumar and Tor Bjornsen (Suing in their capacity as Officials of Ananda Marga Mission in Kenya v Constituencies Development Fund Board & 11 others [2020] KEELC 2551 (KLR)

✦ The suit properties were initially reserved for public purpose, the sale was unlawful, and the Plaintiffs are not entitled to the prayers sought.

Joseph Gichuhi Kariuki & 3 others v Robert Kimani [2020] KEELC 2482 (KLR)

✦ The court found that the respondent breached the agreement for sale by failing to obtain LCB consent, and the agreement was therefore null and void. The only remedy available to the appellants was a refund of the purchase price.

Benard Mulongo Mwanja (Suing on his behalf and on behalf of 19 others) v Charles Mbugua Ngugi; Bank of Africa Kenya Ltd (Proposed Interested Party) [2020] KEELC 2520 (KLR)

✦ The Judgment cannot be set aside, and the only prayer which can be granted is the prayer for joinder. The rest are dismissed with costs to the Respondents.

Ephantus Mputhia M’Anyiri v Bonface Marangu [2020] KEELC 2869 (KLR)

✦ The court finds the applicant is not entitled to a declaration that he has acquired 3/4 acres of LR. Magutuni East/952 by way of adverse possession.

Ayaz Amin Mohamed Manji & another v Jane Nyiha Njenga [2020] KEELC 2859 (KLR)

✦ The court finds that the defendant breached the sale agreement and is in breach of the contract. The plaintiffs are entitled to a refund of the deposit and damages.

Ben Murumba Nakitare v Speed Capital Limited & another [2020] KEELC 2548 (KLR)

✦ The Court finds that the Plaintiff failed to prove that the charge documents were forged and that his title was forged.

Chemoiwa Ole Sayielel & Marikulmuran Ene Sayialel v Joseph Santian,Dominic Nuna Santian & Richard Nchuuchu Santian (Environment & Land Case 323 of 2017) [2020] KEELC 2724 (KLR) (5 May 2020) (Ruling)

✦ The application is dismissed with costs as the application was filed by an advocate who was not properly on record and the application has been overtaken by events.

Embakasi Housing Company Limited v Chief Registrar, Ministry of Lands [2020] KEELC 2823 (KLR)

✦ The plaintiff is not the registered proprietor of the suit property and has failed to prove that the suit land has been allocated to non-members by failing to point out which specific parcels are allocated to which persons who are not members of the plaintiff.

Bernard Itumo Mungai & 7 others v Paul Kimakon & 3 others [2020] KEELC 2786 (KLR)

✦ The Court grants the Applicants leave to amend the Originating Summons.

Saitoti Kiok & another v Semeyian Ole Kiok [2020] KEELC 2660 (KLR)

✦ The court orders the parties to maintain the status quo pending a full hearing where evidence and documents will be examined.

NEMA & 5 Others v Lemayian Holdings Ltd [2020] KEELC 2736 (KLR)

✦ The court finds the Preliminary Objection merited and strikes out the plaint and notice of motion.

Benson Mutiso Makau v Lydia Wambui Kimemia & another [2020] KEELC 2742 (KLR)

✦ The court finds the defendants' counter-claim proved, declaring them the lawful owners of Plot No. P.8972 and Plot No. P.9439 and issuing a permanent injunction against the plaintiff.