Kenyan case law
-
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.
-
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.
-
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.
-
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.
-
Anthony Kipketer Serem v Molyn Credit Limited [2019] KEELC 2655 (KLR)
✦ The application is dismissed with costs as the plaintiff did not explain his whereabouts since 2013 and failed to attend the matter.
-
Margrate Nyambura King’ara & another v Francis Kimani Njonge & another [2019] KEELC 2722 (KLR)
✦ The plaintiffs' claims are dismissed with costs.
-
Mbugua Thuo v Laban Gatonye Kamau [2019] KEELC 2901 (KLR)
✦ The court grants a stay of execution of the judgment and decree pending the appeal, conditional on the plaintiff depositing agreed costs of the suit.
-
Andrew Nyado Othina v Edward Ouma Othina [2019] KEELC 2239 (KLR)
✦ The court finds that the plaintiff, Andrew Nyado Othina, is the proprietor of the suit land and enters judgment for the plaintiff for a permanent injunction and costs.
-
Nadutari Koriata v Nareiyo Koriata, Ndovu Estate Ltd, Narok District Registrar, Narok District Surveyor & Provincial Surveyor, Rift Valley (Environment & Land Case 44 of 2018) [2019] KEELC 2762 (KLR) (26 June 2019) (Ruling)
✦ Each family continues to stay on their parcels pending the determination of the suit.
-
Emmanuel Oduor Opondo & 2 others v Dennis Migada Okoth & 2 others [2019] KEELC 2867 (KLR)
✦ The court dismissed the application as the applicants failed to prove adverse possession over the land.
-
Margaret Muchiri v Eliphas Nyaga M’ribu [2019] KEELC 2872 (KLR)
✦ The application is granted with conditions
-
Penina Lynet Olumatia v Lukas Orende Opake & Protus Ombaka Shitubi (Environment & Land Case 477 of 2014) [2019] KEELC 2561 (KLR) (26 June 2019) (Ruling)
✦ The application is dismissed with costs as the applicant has failed to show any mistake or error apparent on the face of record and/or any sufficient reason to enable the court set aside its decision.
-
Marisela Khatabibi Kweyu v Francis Juma Wanyama & another [2019] KEELC 2558 (KLR)
✦ The plaintiff's claim for a declaration that the transfer was fraudulent and for costs is granted.
-
Alis Hariff Abdalla v Abubakar Muhdhar Shee Ali & another [2019] KEELC 2880 (KLR)
✦ The Plaintiff's claim is dismissed with costs to the Defendants.
-
Japheth Noti Charo v Alamin Ahmed Alamudi & another [2019] KEELC 2861 (KLR)
✦ The Plaintiff's claim for an injunction is dismissed as there is no registered and registrable interest in the suit property.
-
Juma Wangwero Otembo v Calistus Musiko [2019] KEELC 2556 (KLR)
✦ The plaintiff is declared the owner of a portion of land parcel No. S. Wanga/Lureko/2680, with boundaries to be determined by the County Land Surveyor.
-
Salome Liarim v Daniel Shaban (Environment & Land Case 17 of 2017) [2019] KEELC 2538 (KLR) (26 June 2019) (Judgment)
✦ The court ordered the defendant to vacate the land and remove the restriction.
-
Ainea Otuba Mulekano v Hassan Siliwa Malia & another [2019] KEELC 2553 (KLR)
✦ The plaintiff's claim is upheld, and the plaintiff is awarded the valid title to parcel No. 1244, with the map to be amended to reflect this. The plaintiff is also awarded costs.
-
Daniel Tsozi v Danson Msuko & 3 others [2019] KEELC 2907 (KLR)
✦ The Plaintiff's application for reinstatement of the suit is dismissed as he was not diligent in handling the case and did not provide valid reasons for his absence.
-
Michael Njuguna Mbugua v Dorcas Nokabi Waihenya & another [2019] KEELC 2677 (KLR)
✦ The suit is dismissed for want of prosecution, but no orders as to costs on the main suit as it has been overtaken by time, save that the applicant will have costs of the application.
-
Michael Waweru & another v Grace Nyokabi Kinuthia [2019] KEELC 2862 (KLR)
✦ The conditional stay order is reviewed, and the defendant is required to deposit KShs 1,200,000 or the original title deed as security.
-
Masore Nyang’au & Co Advocates v Kensalt Ltd (Miscellaneous Application 196 of 2015) [2019] KEELC 2712 (KLR) (26 June 2019) (Ruling)
✦ Instruction fees are taxed at Kshs. 1,007,000/=
-
Tunje v Jeu & 3 others (Environment & Land Case 18 of 2017) [2019] KEELC 5099 (KLR) (26 June 2019) (Judgment)
✦ The Plaintiff is the beneficial owner of the unregistered parcel of land and the Defendants are ordered to vacate the property and demolish any structures erected thereon.
-
John Patrick Omukuba v Ali Chibole Mmbwana [2019] KEELC 2567 (KLR)
✦ The plaintiff has failed to establish continuous possession for 12 years and the plaintiff's claim is dismissed with no orders as to costs.
-
John Olumasai Achewa v Beatrice Matsa Mutamba & another [2019] KEELC 2502 (KLR)
✦ The application is dismissed with costs