Kenyan case law
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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.
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Balcon Housing Company Limited & another v Elizabeth Njeri Hinga; National Emvironment Management Authority (NEMA) & 2 others (Intrested Parties) [2020] KEELC 2534 (KLR)
✦ The court finds the Respondent in contempt of court and orders her to be committed to civil jail.
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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.
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Joseph Kibaara M'Icuga v M'Chabari Kinoro [2020] KEELC 2891 (KLR)
✦ The Notice of Preliminary Objection is dismissed.
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Richard Nyamwange & another v Samuel Kimani Gathemba & 10 others [2020] KEELC 2640 (KLR)
✦ The plaintiffs are not the beneficial owners of the suit property. The 1st and 2nd defendants had only a beneficial interest in the suit property that was dependent on Thome obtaining a legal title for the suit property from the 10th defendant and transferring the same to them. Since Thome did not complete the payment of the purchase price, the plaintiffs' claim is dismissed.
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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.
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Rosemary Njeri Kariithi & another v Joseph Mwaura Njau & another [2020] KEELC 2689 (KLR)
✦ The 1st plaintiff is not a bona fide allottee of the suit property, and the 2nd defendant is entitled only to prayers (d) of the counter-claim. The 2nd plaintiff is declared the beneficial owner of the suit property, and the 2nd defendant is required to process titles for the 2nd plaintiff and other plot owners.
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John Ratika Koini & 2 others v Samson Kipas ole Koini [2020] KEELC 2798 (KLR)
✦ The applicants have not satisfied the conditions for the grant of orders of injunction and the Notice of Motion is dismissed with costs to the respondents.
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Paramjit Kaur v Avtar Singh Suri [2020] KEELC 2642 (KLR)
✦ The court finds that the Defendant did not appear in court on 4/3/2014 and the consent order was not obtained through fraud.
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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.
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Elizabeth Wanjiru Kamau & another v James Mubia Gitundu & another [2020] KEELC 2761 (KLR)
✦ The consent judgment is set aside due to fraudulent misrepresentation, and the Plaintiffs are allowed to proceed with the suit.
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Damaris Wanjiru Mungai & another v Mucua Igogo & 3 others [2020] KEELC 2620 (KLR)
✦ The plaintiffs' claim for adverse possession is dismissed with costs to the defendants.
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Alex Tonny Gitonga Njeru & 19 others v County Government of Embu; Ndwiga Wainaina & 11 others (Interested Parties) [2020] KEELC 2037 (KLR)
✦ The court dismissed the suit, finding that the previous cases have resolved the dispute and the suit property is registered in the name of the County Council of Embu.
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Maryann Mohamed Cheabril (Suing as the administrator of the estate of Asha Jabril Mohamed (deceased) v Michael Koome Mburugu, Isiolo County Government, Jediel Kirimi Rutere, Chief Land Registrar, National Land Commission, Director of Survey & Attorney General (Environment & Land Case 06 of 2019) [2020] KEELC 2907 (KLR) (5 May 2020) (Ruling)
✦ The court deems the Plaintiff's list of documents properly filed and grants the defendants liberal leave to respond to any new evidence within 30 days.
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Republic v Land Registrar Kajiado Land Registry Ex parte Jackson Parsemei Ole Ntusero [2020] KEELC 2973 (KLR)
✦ The Court held that the Respondent failed to delete the deceased mother's name from the register and issue a new Certificate of Title as required by Section 60 of the Land Registration Act.
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Lucy Muthoni Muranga (Suing as the Administrator of the Estate of Alexander Peter Muranga) v Anthony Njenga Nyakio & 3 others [2020] KEELC 2668 (KLR)
✦ The court found that the plaintiff failed to prove the allegations of fraud against the 1st defendant and that the 2nd and 3rd defendants had knowledge of the fraud or caused or contributed to it. The court did not order the cancellation of the registration of the 2nd and 3rd defendants as proprietors of the suit property.
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Enkare Hotel Limited v Muchewa Limited & 2 others [2020] KEELC 2523 (KLR)
✦ The Appellant's suit and application were an abuse of the process of the court and the suit was res-judicata.
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Patrick Kithaka Borici & another v Shadrack Nyaga Njeru [2020] KEELC 2850 (KLR)
✦ The Appellants have a bonafide interest in the suit property and the appeal has merit.
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John Paul Kirruti & 7 others v Ntari Ole Shonko & 10 others [2020] KEELC 2512 (KLR)
✦ The preliminary objection is merited and the petition is struck out.
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James Bress Muthee v Richard Kipchirchir Too & 21 others [2020] KEELC 2614 (KLR)
✦ The court has no jurisdiction to entertain the petitioner's claim of violation of constitutional rights and property ownership anchored on the judicial order made by Kihara Kariuki J in 2009.
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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.
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Charles Irachi Muhoma v Shadrack Kerwa Muhoma [2020] KEELC 2476 (KLR)
✦ The Appellant's appeal is dismissed with no order as to costs, as the Appellant did not prove joint ownership and the trial court's findings were based on sound reasoning.
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Elizabeth Njeri Hinga & another v Nyoike Njenga Hinga & another [2020] KEELC 2557 (KLR)
✦ The respondent is found guilty of contempt of court order and an order of inhibition is given to inhibit any dealings in the suit property until the dispute is heard and determined.
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Kibanyu Kimani v Tabitha Njambi Kangethe & 8 others (? 114 of 2008) [2020] KEELC 2495 (KLR) (Environment and Land) (5 May 2020) (Judgment)
✦ The plaintiff's claim is not proved to the required standard, and the Originating Summons is dismissed with costs to the defendants.
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Erastus Mwongela & 3 others v Director General. Nema & another [2020] KEELC 2532 (KLR)
✦ The Court allows the Applicant’s application for an injunction in terms of prayers 3 and 4.