Kenyan case law
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Benjamin Omanwa Mokua v Bishendass Beri [2015] KEELC 821 (KLR)
✦ The Application is allowed, and costs shall be in the cause.
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Kazungu Moli Chogo & others v Perihan Torun & others [2015] KEELC 185 (KLR)
✦ The court held that the June 28, 2013 order did not lapse and that the defendants disobeyed the order by moving into the suit land and constructing permanent structures.
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Nasir Maalim Arte v Kenya Power & Lighting Co. Ltd [2015] KEELC 262 (KLR)
✦ The Plaintiff's Application for an order of injunction is dismissed.
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Joseph Mwai Kamurwa v Joseph Gichiri & 3 others [2015] KEELC 163 (KLR)
✦ The notice of preliminary objection is dismissed. The plaintiff's suit is not barred by the mandatory provisions of the Government Proceedings Act or the Public Authorities Limitation Act. The suit is not res judicata. The plaintiff's interest in the suit property was not conclusively determined in a previous case.
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Barnabas Mungo Longit v Stanley Tanui [2015] KEELC 204 (KLR)
✦ The court finds that the plaintiff's claim of adverse possession is invalid due to the lack of a valid caution registered against the title to the land in 1976 and the improper application for registration of caution.
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Joseph K M M Simiyu v Michael Kibiwot Seroney [2015] KEELC 206 (KLR)
✦ The applicant's application to strike out the respondent's Originating Summons is dismissed. The respondent's claim of adverse possession is not supported by the evidence.
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M'mucheke M'mubwika & 3 others v Janet Kaunanku Kithia & another [2015] KEELC 819 (KLR)
✦ The court issued orders requiring the applicant to deposit a sum of Kshs. 300,000/= with Court as security within 14 days of today, and to file and exchange written submissions regarding both applications within 7 days.
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Cecilia Gachonga Mukunja & 2 others v Paskasio Mukunja Nkonga [2015] KEELC 818 (KLR)
✦ The application is allowed in terms of prayer b.
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Republic v Nyeri County Government Ex-Parte Cental Kenya Coffee Mill Limited [2015] KEELC 106 (KLR)
✦ The court held that the aggrieved party can challenge decisions made under the Physical Planning Act by judicial review.
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Ramadhan Mohamed Mwamatezo & another v Salim Ramadhan Mwamatezo & others [2015] KEELC 183 (KLR)
✦ The plaintiffs have established a case for a share of the land, comprising half of the land parcel No Kwale/Ukunda/703. The plaintiffs are directed to take out letters of administration for the deceased registered owners' families to secure titles in their names. The plaintiffs are granted an injunction against the 2nd to 6th defendants from interfering with their use and occupation of a portion of the land.
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Nyamonthe Company Limited v James Gachara [2015] KEELC 172 (KLR)
✦ The court held that the provisions of Cap 301 are not applicable to the suit premises or tenancy, and any notices to terminate or alter the tenancy issued by the plaintiff are ineffective and inconsequential.
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John Wepukhulu v Peter Mwega & another [2015] KEELC 197 (KLR)
✦ The plaintiff has proved his case on a balance of probabilities and the defendants have no ground for remaining on the suit land. The plaintiff's claims are well founded.
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Mary Anne Silali v Nicholas Wanjala & another [2015] KEELC 227 (KLR)
✦ The plaintiff's claim is dismissed with costs to the defendants
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Robert Muendo Kinai v David Munyekenye Simiyu & another [2015] KEELC 266 (KLR)
✦ The Plaintiff has established a prima facie case with chances of success regarding the rescission of the agreement with the 1st Defendant.
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Maurine Akinyi Maloba & another v Abbas Abubakar Alwi [2015] KEELC 273 (KLR)
✦ The court grants the Plaintiffs a last opportunity to prosecute their suit and directs them to fix the matter for hearing within 90 days, excluding vacation days. The Plaintiffs are to bear the costs of the application.
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Agnes Masha Wanja v Kazungu Kambi, Francis Ndungu, Kassim Mbona Ndifu, Robert Matano & County Council of Kilifi (Civil Case 16 of 2011) [2015] KEELC 269 (KLR) (11 September 2015) (Ruling)
✦ I dismiss the Application dated 11th November 2014 with costs.
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Kenita Company Limited v Bosco Favio & 4 others [2015] KEELC 267 (KLR)
✦ The Plaintiff's claim is not dismissed, and the suit against the 1st, 2nd, 4th, and 5th Defendants is not struck out.
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Joseph Kasena Yeri v Acre One Ltd Company & 5 others [2015] KEELC 271 (KLR)
✦ The Plaintiff's Application is dismissed with costs.
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Kahindi Kambi Mbitha v Pola Charo Kaniki [2015] KEELC 272 (KLR)
✦ The court dismisses the Application dated 18th December 2014 with costs.
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George Waweru Njuguna v Stephen Gitau Kamuyu [2015] KEELC 812 (KLR)
✦ The application is dismissed with costs to the defendant.
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Daniel Masinjilah Chisikwah v Oleku Ole Lakati Kores & another [2015] KEELC 101 (KLR)
✦ The Defendants are restrained from selling, developing, charging, using, alienating, advertising, entering, and dealing or in any other way interfering with the parcels of land pending the hearing and determination of the suit, or until further orders of this Court.
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Angwenyi Samuel Aunga & 2 others v I & M Bank [2015] KEELC 111 (KLR)
✦ The ex-parte order is confirmed pending the determination of the suit.
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Jane Wanjiru Kuria v James Maina Mwangi & 3 others [2015] KEELC 810 (KLR)
✦ The caveat is lifted and the Plaintiff is ordered to cancel and lift the caveat entered on her Certificate of Lease in respect of the suit property with immediate effect.
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Chege v Gachoka & 2 others (Environment and Land Case 1296 of 2014) [2015] KEELC 258 (KLR) (30 July 2015) (Judgment)
✦ The court held that the tenancy is in common and the Plaintiff must apply to the Registrar for partitioning.
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Esther Mutenyo Egesa v Daniel Nyanga & Patrick Mabuka Wanjala [2015] KEELC 286 (KLR)
✦ The court finds that the plaintiff has proved her case against the first defendant and issues a mandatory injunction directing the first defendant to open up the access road leading to the plaintiff's land.