Kenyan case law
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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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Elizabeth Chemutai Chepkwony v Janeth Chepkoech & another [2019] KEELC 2702 (KLR)
✦ The Plaintiff is the registered proprietor of the suit property and is entitled to an order of eviction and a permanent injunction.
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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.
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Rahab Wangui Kageni (Suing as the administrator of the estate of Samuel Muhika Kageni) v Roselyn Dola Ouko & another [2019] KEELC 2505 (KLR)
✦ The plaintiff's suit is competent, and the court will consider the claim for specific performance.
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Joseph Ndungu Karanja v Mary Wangari Githua (sued as the legal Representative of Elijah Githua Nganga Deceased) [2019] KEELC 2777 (KLR)
✦ The Plaintiff's claim for adverse possession is dismissed.
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Joyce Nikaore Khamali v Krishom Chepmwok [2019] KEELC 2651 (KLR)
✦ The court finds an error in the judgment dated February 27, 2017, and corrects it by deleting the word 'and' to 'above' and retaining the 'full stop' in the statement 'and an order of payment as in paragraph 4 and 5 above. No orders as to costs.'
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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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Teresia Kagure Kagitu v Peter Mutua Musee (Environment & Land Case 137 of 2012) [2019] KEELC 2807 (KLR) (Environment and Land) (27 June 2019) (Ruling)
✦ The Plaintiff's suit is res-judicata and an abuse of the court process, and is therefore struck out with costs to the Defendant.
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Kiboroa Squatters & 3 others v Keysian Auctioneers & 3 others [2019] KEELC 2665 (KLR)
✦ The petitioners are not the rightful occupants of the land and the petition does not raise a cause of action.
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Kithinji Kiragu v Tabitha Mugo (Environment & Land Case 164 of 2015) [2019] KEELC 2707 (KLR) (27 June 2019) (Ruling)
✦ The court grants the Plaintiff's application for stay pending appeal and holds the Defendant's application for execution in abeyance pending the determination of the intended appeal.
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Revine Park Limited v Gaetano Ruffo (Environment & Land Case 372 of 2016) [2019] KEELC 2739 (KLR) (Environment and Land) (27 June 2019) (Judgment)
✦ The court dismissed the defendant's claim for interest and upheld the arbitration clause.
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David Mwangi Tatei & another v Abigael Wanjiru Tatei & 4 others; Jane Wambui Mungai & another (Interested Parties) [2019] KEELC 2754 (KLR)
✦ The Defendants are ordered to vacate the suit land and pay damages for trespass.
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John Gaitho Waiititu v Njuguna Waititu [2019] KEELC 2685 (KLR)
✦ The respondent is barred by a permanent injunction from distributing the suit land in any other manner other than that contained in the confirmed grant. The respondent is given 60 days to effect the transfer of the applicant's portion into his name.
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Partick Kigunya Kabera v Grace Wanjiru Mwangi & 3 others [2019] KEELC 2759 (KLR)
✦ The dismissal order is conditionally set aside, and the plaintiff is ordered to pay each law firm on record for the respondents throwaway costs of Kshs 20,000 within 45 days.
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Otinya Omukuba v Samuel Kuya [2019] KEELC 2545 (KLR)
✦ The plaintiff is the absolute registered owner of the parcel of land known as Kisa/Emasatsi/824 and the defendant trespassed on his land.
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Lawrence Mugambi Rutere v Nelly Wachira & another; District Land Registrar Mbeere (Interested Party) [2019] KEELC 2721 (KLR)
✦ The court orders the cancellation of the 2nd Respondent's registration of the suit property and consequent rectification of the register to have the suit property registered in the name of the Applicant. The Applicant is awarded costs of the suit to be borne by the 1st Respondent.
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Busuru Richard Mark v B A Omuse Interested Party Peter Kakai Cheloti [2019] KEELC 2679 (KLR)
✦ The court confirms the sale by public auction and grants the applicant's application for a declaration of absolute sale, a certificate of purchase, and orders for the transfer of title.
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Angela Syokwaa Kiema v Jackson Kiema Kivuva & 2 others [2019] KEELC 2629 (KLR)
✦ The court held that the sale of the parcel was illegal and that the Plaintiff's consent was required. The court ordered the cancellation of the title deed and the issuance of a fresh one to the Plaintiff as a trustee for her children.
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Mariam Adam Ahmed v Shariff Forex Bureau Company Ltd [2019] KEELC 2790 (KLR)
✦ The application is dismissed with costs to the respondent.
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Josiah Kafuta Mtila v Abdulkhall Mohamed & others (Environment & Land Case 237 of 2014) [2019] KEELC 1771 (KLR) (27 June 2019) (Ruling)
✦ The application is granted with costs, and the stay of execution is allowed.
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Bahati Properties Limited v Attorney General & 7 others (Environment & Land Case 31 of 2015) [2019] KEELC 5109 (KLR) (27 June 2019) (Judgment)
✦ The court held that Kwale/Diani Beach/block/59 and Kwale/Diani Beach/block/149 occupy the same position on the ground and refer to the same parcel of land.
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Khadija Famau Yusuf v Mohamed Hafidh Mohamed & another [2019] KEELC 1801 (KLR)
✦ Plaintiff's claim is not barred by the previous judicial review case as it is a new cause of action seeking an extension of time, not a cure for an omission in law.
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Teresia Kagure Kagitu v Peter Mutua Musee [2019] KEELC 2820 (KLR)
✦ The Plaintiff's suit is res-judicata and is struck out with costs to the Defendant.
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Julius Ndiritu & 2 others v Habib Omar Kongo [2019] KEELC 2714 (KLR)
✦ The application is dismissed with costs, as the plaintiffs have failed to demonstrate any grounds to set aside the consent judgment and orders.
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Planet Foods Limited & 3 others v James David Abila & 10 others [2019] KEELC 2801 (KLR)
✦ The application to amend the defence and include the National Land Commission is dismissed with costs to the Plaintiffs/Respondents.