Kenyan case law
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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.
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Esha Hilali Jabu (As administrator of the estate of Hilali Jabu Salmin) v Ngumbao Karisa Konde & 2 others [2019] KEELC 2871 (KLR)
✦ The court finds in favor of the Plaintiff, ordering eviction and injunction against the Defendants.
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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.
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Alice Chemutai Konini v Regina Chelangat Konini [2019] KEELC 2894 (KLR)
✦ The defendant's application is dismissed with costs to the plaintiff.
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Elarious Lutiali v Liyai Akweywa & another [2019] KEELC 2488 (KLR)
✦ The plaintiff is the absolute registered proprietor of all that parcel of No. ISUKHA/SHITOTO/462. The defendants are ordered to vacate the suit land parcel No. ISUKHA/SHITOTO/462 within six months from the date of the survey and rectification.
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Kahaso Mwarome Chibo v Katana Riba Kai & 2 others [2019] KEELC 2883 (KLR)
✦ The application for a temporary injunction is allowed with costs.
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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.
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Julius Ndundi Thethe & 2 others v Najmudin Noorali Mohmmedali (as Legal Representative of the Estate of Mohammedali Essajee Bhaijee and the Estate of Noorali M.E. Bhaijee) & another [2019] KEELC 1402 (KLR)
✦ The court finds in favor of the plaintiffs on all issues.
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Moses Masivai Barasa & another v Mohamed Akram Kaderdina [2019] KEELC 2860 (KLR)
✦ The Plaintiffs/Applicants are entitled to be declared as the proprietors of 2.028 Ha of all that parcel of land known as Plot No. 12889/127-Kilifi by way of adverse possession and are entitled to be registered as the owners of the said Plot No. 12889/127-Kilifi and to be issued with a Certificate of Title thereto.
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Kipkai Enterprises Ltd v Maurine Louise Osembe [2019] KEELC 2760 (KLR)
✦ The court dismissed the application to set aside the ex parte judgment.
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Republic v National Land Commission & another; Vinodkumar Ramdattmal Pal & another (Ex-Parte Applicant); Board of Management Kisumu Girls High School (Interested Party) [2019] KEELC 2865 (KLR)
✦ The court dismissed the application for certiorari and prohibition.
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Omar Swale v Halima Bakari & another [2019] KEELC 2874 (KLR)
✦ The Court finds in favor of the Plaintiff, Omar Swaleh, and orders the Defendants to vacate the land and remove the caution registered against the Plaintiff's title.
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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.
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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.
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Joseph Peter Mbugua v Joshua Wambua Musyoki [2019] KEELC 2875 (KLR)
✦ The suit is struck out with no order as to costs
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Ngotho Commercial Agencies Ltd v David Kiprono Sambai & 2 others [2019] KEELC 2903 (KLR)
✦ The plaintiff has not demonstrated a prima facie case and the restriction should not be removed at this stage.
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Elly Robert Onyuro (suing as the personal representative of the Estate of Alice Akoth Okong’o v Rosemary Adhiambo Odinga & 3 others [2019] KEELC 2798 (KLR)
✦ The application to dismiss the suit for want of prosecution is dismissed.
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Abdullah Dime Sole v Kamande Njoroge & 4 others [2019] KEELC 2795 (KLR)
✦ The court declares that Plot K71-Mathare Valley Estate belongs to Abdullah Dime Sole and grants a permanent injunction against the defendants to prevent interference with the property.
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Erick Kiplangat Cheruyoit v Richard Masoi & 33 others [2019] KEELC 2758 (KLR)
✦ The court denied the application for stay of execution pending appeal.
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Elijah Somboriot Cheruiyot & 3 others v Anthony Kiarie Waithaka & 3 others [2019] KEELC 2873 (KLR)
✦ The Court finds that the Plaintiffs have proved their case on a balance of probability and allows the Plaintiffs' claims entirely with costs to be borne with interest by the 1st Defendant.
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George Rombo (Deceased) v Jones Gibson Mwangi; Housing Finance Company of Kenya (Third Party) [2019] KEELC 2806 (KLR)
✦ The application for review is dismissed with costs to the Defendant.
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Stephen Wanjau Mwangi & 2 others v Patrick Tumuti Kimutwe [2019] KEELC 2833 (KLR)
✦ The application for police assistance is allowed.
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Rose Akeyo Onyuka v Martin Omondi Ogweno [2019] KEELC 1938 (KLR)
✦ The plaintiff and defendant lack locus standi to sue and be sued respectively, and the originating summons is incompetent.
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Charles Mungai Nyaguthie & another (suing as legal representatives of the Estate of Esther Nyaguthii Njuru) v Geofrey Gitau Njuru & 5 others [2019] KEELC 2786 (KLR)
✦ The court finds no merit in the defendants' preliminary objection and allows the plaintiffs' suit.
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Christoper Irungu Wambugu v Catherine Wairimu Mugo t/a Mugo Wairimu Advocates [2019] KEELC 2789 (KLR)
✦ The court granted a stay of execution on condition that the applicant deposits Kshs.4,000,000 in a joint interest earning account in a reputable bank within 30 days from the date of the order.