Kenyan case law
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Charles Njihia Nganga v Joseph Kimani Gitara & 22 others [2020] KEELC 2966 (KLR)
✦ The suit is not time barred, res judicata does not apply, and the application to strike out the suit is dismissed.
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Daniel Mesiri Kasoo & 7 others v Fredrick Nkonge Mutwiri & another [2020] KEELC 2948 (KLR)
✦ The petition is not res judicata to the previous cited suits.
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Michael Kiplangat Cheruiyot v Joseph Kipkoech Korir [2020] KEELC 2946 (KLR)
✦ The plaintiff’s appeal is dismissed with costs to the defendant.
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Elizabeth Muthoni Kirongi v John Kariuki Maina & 3 others [2020] KEELC 2985 (KLR)
✦ The court finds the defendant's title invalid and orders joint ownership of the property by the plaintiff and the defendant.
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Jeremiah Nyambogo Mollo v Pithalis Odoro & 2 others [2020] KEELC 2961 (KLR)
✦ The court orders that the 1st defendant's name be revoked and registered in the plaintiff's name, any restriction on the land be removed, and an order of eviction against the 2nd and 3rd defendants be issued after a 90-day notice.
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Julius Sava Mugalitsi v Charles Imbwanga Busutu (Environment & Land Case 246 of 2017) [2020] KEELC 36 (KLR) (30 April 2020) (Judgment)
✦ The court finds in favor of the plaintiff, Julius Sava Mugalitsi, and dismisses the defendant's claim with no orders as to costs.
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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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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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Linda Chepkorir Ruto & another v Sally Cherutich & 5 others [2020] KEELC 2934 (KLR)
✦ The court orders an injunction to prevent the defendants from alienating, selling, leasing, entering, being upon, encroaching, or trespassing on the land parcel pending the hearing and determination of the suit.
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Josphat Mbogo Kaguongo & another v Geoffrey Muriuki Kimondo & 3 others [2020] KEELC 1930 (KLR)
✦ The application is allowed on the doctrine of lis pendens pending hearing and determination of this suit.
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Musa Lichungu v Mamisabu Arap Sitienei [2020] KEELC 48 (KLR)
✦ The application for review is dismissed, and the application for stay of execution is also dismissed with no orders as to costs.
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Stanley Kimanyano Kikuyu v Zebeon Makonge [2020] KEELC 46 (KLR)
✦ The application is dismissed with no orders as to costs as it was undefended.
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Monica Wangui Njenga v Davis Kinyanjui Njenga & another [2020] KEELC 2965 (KLR)
✦ The suit is hereby struck out and the plaintiff and the first defendant are ordered to bear their own costs.
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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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Efureith Irima Mbogo v Ibara Mwaniki & 6 others [2020] KEELC 2059 (KLR)
✦ The court found that the restriction was lawfully registered and that the 7th Defendant has not made out a case for removal. The court also ruled that the doctrine of lis pendens should not be invoked.
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Joe Nyawanga Oyieke & 5 others v Land Registrar Kisumu Nyando, Muhoroni, Nyakach & another; Leonard Omondi (Interested Party) [2020] KEELC 2942 (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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Samuel Kimintae Mparo, Wangui Kimindai Joseph, Anna Mbenek, Albert Mparo, Richard Turere Mparo & Andrew Saibulu Kimintae v Arvind Kanji Patel (Environment & Land Case 662 of 2017) [2020] KEELC 2793 (KLR) (30 April 2020) (Judgment)
✦ The Plaintiffs failed to prove their claim of adverse possession due to the Defendant's witness testimony that the Plaintiffs were not in possession of the land after 2010.
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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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Justino Mukami Wanyama v Kitere Wangia [2020] KEELC 26 (KLR)
✦ The court finds that Wanyama has been in exclusive, continuous and uninterrupted possession of the land for a period in excess of 12 years and grants the following orders: Declaration that Wangia holds the land in trust for Wanyama, Wanyama is declared the owner of the land, Wangia is ordered to transfer the land to Wanyama within 30 days, and no orders as to costs.
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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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Jeremiah Nyambogo Mollo v Pithalis Odoro & 2 others [2020] KEELC 2960 (KLR)
✦ The court orders that the 1st defendant's name be revoked and registered in the plaintiff's name, any restriction registered in LR/NO. Kisumu/Buoye/1352 be removed, and an order of eviction against both the 2nd and 3rd defendants be granted after a 90-day notice.
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Mkeli Munyia Kioko v Anthony Ndii & 2 others; John Ndii Nyaga (Intended Interested Party/Applicant) [2020] KEELC 2052 (KLR)
✦ The court declines to join the Applicant in the suit, sets aside the judgement and orders, and denies the Applicant's request for an injunction.
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Gichobo Farmers & 15 others v Muiruri Gitito & 2 others [2020] KEELC 2927 (KLR)
✦ The court ordered the District Land Registrar and surveyor to visit the suit properties and establish and correct the boundaries. The court also ordered the OCS Njoro Police Station to provide security during the survey exercise.
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Beatrice Gicuku Mwaniki v Moses Nthiga Karuci & another [2020] KEELC 2010 (KLR)
✦ The Plaintiff failed to prove her claim for adverse possession and is not entitled to the reliefs sought in the suit.
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Ronald Were Mwachi v John Anyangu Moyi & another [2020] KEELC 27 (KLR)
✦ The 2019 suit is res judicata and is struck off with costs to the 1st and 2nd respondents.