Kenyan case law
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Edward Kipkosgei Chemurbii & another v Charles K Kosgei & another [2014] KEELC 197 (KLR)
✦ The court found that the 1st plaintiff does not hold the land in trust for the defendants. The caution on the land should be removed. The 2nd plaintiff should be allowed exclusive use of 0.5 acres of the land. The defendants should vacate the land within 60 days unless allowed by the 1st plaintiff. The claim for damages for the destruction of the banana plantation is dismissed.
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Ruphas Makokha Otinga v Mbakaya Sore [2014] KEELC 219 (KLR)
✦ The application is dismissed with costs to the respondent as there is no convincing reason for setting aside the dismissal order.
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Jane Wambui Nyatetu v Timothy Kariiri Ngata [2014] KEELC 174 (KLR)
✦ The court will determine the costs based on the discretion of the court or judge, and the costs will follow the event unless the court or judge otherwise orders.
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Estate of Kiprono Arap Leting Represented by Andrew K Rono v Paulina Yabei & another [2014] KEELC 218 (KLR)
✦ The court finds that the plaintiff has proved his case on a balance of probabilities and issues a declaration that the land solely belongs to the deceased and a permanent injunction to restrain the defendants from cultivating the land.
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Peter Kungu Nganga v Boniface Mayabi & 2 others [2014] KEELC 177 (KLR)
✦ The Plaintiff has shown a prima facie case and is entitled to deal with the suit property. The Defendants are restrained from interfering with the Plaintiff's possession of the property and the ongoing construction on the said property pending the hearing and determination of this suit.
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Rosemary Atieno Ouma v Sephania Ouma Okumu & another [2014] KEELC 220 (KLR)
✦ The court ordered the first respondent to refrain from developing the suit land
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Lilian M’mbone Ababu v Nairobi Aviation College Ltd & 3 others [2014] KEELC 626 (KLR)
✦ The application is res judicata and dismissed with costs
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Joseph Ng'ang'a v Jane Wambui & 3 others [2014] KEELC 199 (KLR)
✦ The status quo is maintained, and the defendants occupy 5 acres of the suit land
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Lamu Breeze Investment Limited & another v Charles Malakwen & 5 others [2014] KEELC 204 (KLR)
✦ The suit is transferred to the Malindi Environment and Land Court Registry.
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Kennedy Muyesu Munavu v Wangalwa Oundo [2014] KEELC 179 (KLR)
✦ The Court finds the Applicant's Originating Summons incompetently filed and strikes it out.
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Johnson Mwangi Wanjihia v Alex Wainaina T/A John Commercial Agencies & 4 others [2014] KEELC 176 (KLR)
✦ The Plaintiff's application is not granted
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Chepkonga Chebon v Consolidated Bank Company Limited & another [2014] KEELC 201 (KLR)
✦ Application for injunction allowed, sale of suit land on 21 August 2014 is stopped
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Mhandisi Enterprises Ltd v Mohamed Swalehe Mwajembe & 8 others [2014] KEELC 206 (KLR)
✦ The court finds the respondents in contempt of court and orders their arrest to show cause why they should not be punished.
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James Njuguna Chui v John Njogu Kimani [2014] KEELC 154 (KLR)
✦ The Defendant's application to strike out the Plaintiff's suit is dismissed.
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Samuel Ndung’u Grace v Isaac Gathungu Wanjohi & another [2014] KEELC 178 (KLR)
✦ The Court found that the Plaintiff has established a prima facie case and is the legal proprietor of the suit property.
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Margaret Muthoni Waichere v John Karanja Waichere (Land Case 91 of 2014) [2014] KEELC 222 (KLR) (17 September 2014) (Ruling)
✦ The applicant's application is not well founded and is hereby dismissed with no order as to costs.
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David Njoroge Kamau alias David Newton Njoroge v Isaac Kipkering Kuto & another [2014] KEELC 202 (KLR)
✦ The application for substitution of plaintiff is allowed in the interests of justice
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Astrid Doris Petra Bwaza v Salesians of Don Bosco [2014] KEELC 224 (KLR)
✦ The suit is dismissed with costs to the defendants.
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Samuel K. Maiyo & 6 others (suing as tenants on their own behalf and on behalf of other tenants and residents and as the representative of the tenants of Mayabi, Uhuru, Kamanda,Kuria, Tom Mboya, St. Mary Kodhek, Kilimani and Macharia Estates) v County Government of Uasin Gishu & 2 others [2014] KEELC 196 (KLR)
✦ Order to stay eviction notice pending hearing of petition, with condition of paying new prescribed rent
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Abdul Jalil Yafai v Farid Jalil Mohamed [2014] KEELC 232 (KLR)
✦ The Court finds that the agreement was on trust and that the Defendant should refund the Plaintiff half of the borrowed amount and keep the balance.
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Dzame Mumba Konde (Aka Ruth Dzame Mumba) Steve Mumba (Suing As The Administrators And Legal Representative Of The Estate Of Maurice Kambishera Mumba (Deceased) v Denis Chamoto Shera (Alias Jiti) [2014] KEELC 230 (KLR)
✦ The Defendant's construction on the suit property was not in disobedience of the court order.
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Cyril J Haroo & another v Uchumi Services Limited & 3 others [2014] KEELC 228 (KLR)
✦ The court cannot save the suit for the Plaintiffs' claims as the cancellation of a title registered under the Registered Land Act cannot be decided by way of an Originating Summons.
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Mwai Limited & another v Mount Holdings Limited & 2 others [2014] KEELC 223 (KLR)
✦ The court dismisses the suit and application with costs to the first respondent.
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Malindi Magazine Limited v Aisha Omar Famau & 4 others [2014] KEELC 238 (KLR)
✦ The proceedings on 10th February 2014 and the subsequent judgment are nullity, and the application is allowed.
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Peterson Wachira Karani v Mahamoud Mohamed [2014] KEELC 235 (KLR)
✦ Plaintiff's case proven on balance of probabilities, title deed is cancelled and land registered in Plaintiff's favour