Kenyan case law
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Mosonik arap Katam v Kiplangat arap Digira [2020] KEELC 2576 (KLR)
✦ The Plaintiff has been in active and continuous occupation of the suit land and has proved his claim on a balance of probability. The Plaintiff is registered as the proprietor of the 3 acres of land he lives on which forms part of land parcel Cis-Mara/Ololulunga/15035. The Defendant is directed to execute the transfer of the said 3 acres within 30 days of the judgment and in default, the Deputy Registrar of the court will execute the said transfer and the Narok Land Registrar will accordingly register the Plaintiff as the owner of the 3 acres. An order of permanent injunction is issued against the Defendant to prevent him from selling, transferring or interfering with the Plaintiff's peaceful use, occupation and enjoyment of the 3 acres of land. Costs are awarded to the Plaintiff.
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MNN v DNK & 2 others [2020] KEELC 2794 (KLR)
✦ The court finds that the plaintiff contributed towards the purchase of the suit property.
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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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John Karuga Wahinya v Attorney General & 4 others [2020] KEELC 2655 (KLR)
✦ The application is dismissed with costs to the defendants/respondents.
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Paul Mulatya Makula v Attorney General & 2 others [2020] KEELC 2537 (KLR)
✦ The court finds in favor of the Petitioner, declaring that the Petitioner's rights under Articles 40 and 47 of the Constitution have been violated and awarding compensation of Kshs.16,445,000.
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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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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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Michael Njau Wango v Margaret Wairimu Kairu & another [2020] KEELC 2679 (KLR)
✦ The plaintiff is the owner of the suit property and is entitled to a permanent injunction against the 1st defendant.
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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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Naitore M'iburi & another v Attorney General & 2 others; Sebastian Kaaria (Interested Party) [2020] KEELC 2969 (KLR)
✦ The petition is dismissed as it does not meet the threshold of a constitutional petition and is not a dispute over ownership of property that should be resolved through an ordinary civil suit.
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Dominic Mukui Kimatta v National Land Commission; Samson Kiplagat Ng’etich (Interested Party) [2020] KEELC 2937 (KLR)
✦ The applicant's Notice of Motion has merit, and the NLC's proceedings and findings are null and void.
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Caleb Chelimo Arap Rotich v Julius L Marten [2020] KEELC 2952 (KLR)
✦ The court finds no merit in the plaintiff's case and dismisses it with costs to the defendant.
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Rael Karoki Kirinya & another v Grace Gapunge & 3 others [2020] KEELC 2968 (KLR)
✦ The land was to be held by the 2nd appellant in trust for the family members, but the alienation of the land was not in tandem with the concept of trust.
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Chuka Igamba Ngo'mbe Development Association v County Government of Tharaka Nithi [2020] KEELC 2974 (KLR)
✦ The court dismissed the preliminary objection and referred the matter to arbitration. The court directed parties to take a hearing date to hear the case in lieu of the application which is marked as SPENT but the status quo to be maintained.
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Mwanganza L.P.O Self-Help Group v Attorney General & 3 others [2020] KEELC 2931 (KLR)
✦ The court strikes out the petition as the petitioner is not an entity capable of instituting an action in its own name.
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Estate of John Mwenesi Adulu Represented by Ebby Musimbi Mwenesi v Saul Egunza Bunyali & 4 others; Jackson Kasasi Dulu (Interested Party/Applicant) [2020] KEELC 2177 (KLR)
✦ The application is dismissed with costs to the respondent.
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Kipngochoch Farm Co Limited v Obadiah K Kipkorir & 5 others [2020] KEELC 2964 (KLR)
✦ The court dismisses the defendants' preliminary objection based on the statute of limitations, finding that the plaintiff's claims are not barred by the Limitations of Actions Act.
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Chorlim Multipurpose Co-operative Society Ltd v Attorney General & another [2020] KEELC 2207 (KLR)
✦ The suit is dismissed for being res judicata and the plaintiff shall bear the costs.
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Colleta Nerima Ojwang & 2 Others v Nobert Makwara Opiyo [2020] KEELC 2809 (KLR)
✦ The applicants are entitled to the entire portion they are occupying, and the respondent's claim for permanent injunction and eviction is dismissed.
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Lucia Wangeshi Kamau v Jared Rodrick Nyaundi & 2 others [2020] KEELC 2933 (KLR)
✦ The applicant has a valid and legal interest in the suit properties but is not entitled to be enjoined as a plaintiff.
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Joe Nyawanga Oyieke & 5 others v Land Registrar - Kisumu, Nyando, Muhoroni and Nyakach; Leonard Omondi (Interested Party) [2020] KEELC 2245 (KLR)
✦ The petition is merited and the court grants the following prayers: a Declaration that the National Lands Commission lacked jurisdiction, an order of Certiorari quashing the National Land Commission's recommendation, and an order of Certiorari quashing the gazette notice.
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M/s Flavemart Enterprise Limited v Kenya Railways Corporation [2020] KEELC 2967 (KLR)
✦ The application for stay is dismissed as there is no appeal before the court due to failure to comply with the notice of appeal rules.
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Joyce Kaumbau M’mwirichia & 2 others v Nelson K. Magiri [2020] KEELC 2947 (KLR)
✦ The plaintiffs are entitled to 0.745 ha of the land, and the land is to be registered in their names.
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David Ngige Thuku & 2 others v Maria Waithera Maara & 3 others [2020] KEELC 2939 (KLR)
✦ The plaintiffs' claim and the defendants' counterclaim are struck out for being res judicata.
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Anne Wanjiru Gichuru & 7 others v Board Management Mbegi Primary school & 2 others [2020] KEELC 2923 (KLR)
✦ The petition is dismissed as the constitutional jurisdiction has not been properly invoked.