Kenyan case law
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Paul Maina Kirungui & another v Mercy Muthoni Kirigi Sued as administrator of the Estate of Joram Kirigi Gachuna) & another [2019] KEELC 2752 (KLR)
✦ The application for review of the previous ruling is dismissed.
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Peris Njeri Muiruri & 12 others v Muiruri Gatete & 2 others [2019] KEELC 2773 (KLR)
✦ The court finds in favor of the plaintiffs, declaring them the rightful owners of the suit lands and ordering the transfer of the lands to the plaintiffs.
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RAO (Suing as the next of friend of MOO – Minor) v Henry Ochola Agumba & another [2019] KEELC 2020 (KLR)
✦ The plaintiff's claim is unchallenged and solid. Judgment for the plaintiff against the defendants jointly and severally in terms of orders (a) and (b) sought in her plaint dated 6th February, 2017.
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Joseph Kang’ethe Kilonzo v Machakos District Adjudication and Settlement Officer & 5 others [2019] KEELC 2837 (KLR)
✦ The Plaintiff's application to set aside the court's order dismissing the suit is allowed, but with no order as to costs.
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Munyithya Masyuko Nzavi v Deputy County Commissioner Kyuso Sub-County & 5 others; Manzi Kavoi Nguilu (Interested Party) Ex Parte Munyitha Masyuko Nzavi [2019] KEELC 2803 (KLR)
✦ The 1st Respondent did not act dishonestly or in bad faith, and there is no evidence to show that he delivered any decision on 27th November, 2017. The Notice of Motion is dismissed with no order as to costs.
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Julius Musembi Mativo v Amos Mutinda Kalungu & 4 others [2019] KEELC 2792 (KLR)
✦ Application dismissed with costs
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Joyce Wariara Kiarie v Registrar of Titles, Mombasa & 2 others [2019] KEELC 2931 (KLR)
✦ The caveat registered by the 3rd defendant should be removed
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Margaret Omoroje & 7 others v Johnson Kitheka Kathenge & 6 others [2019] KEELC 2836 (KLR)
✦ The court set aside the default judgment and granted the defendants' request for leave to file a late statement of defense.
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Boaz Reuben Kisagi Shuma v Kenya Power & Lighting Co. Ltd & 71 Others [2019] KEELC 2937 (KLR)
✦ The plaintiffs' claim for compensation is dismissed as the valuation report is not useful in proving the claim. The plaintiffs' case is dismissed with no order as to costs.
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Lucio Matingwony (Suing as the administratix of the estate of Kimalel Matingwony (Deceased) v Jeremiah Chirchir & 4 others [2019] KEELC 2850 (KLR)
✦ The Plaintiff is entitled to an eviction order against the defendants.
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Samuel Maina Njuguna v Fredrick Mwangi Nyaga t/a Kilimambogo Housing Traders & James Irungu Ngugi (Environment & Land Case 8 of 2017) [2019] KEELC 2613 (KLR) (21 June 2019) (Judgment)
✦ The sale agreement is valid, but the Defendants misrepresented the ownership of the land. The Plaintiff is entitled to a refund of the purchase price and the penalty for breach.
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Ruth Wanjiku Ng’ang’a v Teresia Wangui Ng’ang’a; Peter Njoroge Kagwima & 31 others (Interested Party) [2019] KEELC 2791 (KLR)
✦ The Court finds in favor of the Defendant and the Interested Parties, dismissing the Plaintiff's claim for eviction.
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Abdullah Ali Nassir v Sophi Mwanghunda [2019] KEELC 2928 (KLR)
✦ The defendant is granted leave to file and serve her statement of defense within 14 days, and the plaintiff is granted thrown away costs of Kshs25,000 in default.
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Japheth Sombe Mutundu v Nancy Kanene Manundu [2019] KEELC 2822 (KLR)
✦ The learned Magistrate's ruling is upheld, and the Appellant's appeal is dismissed with costs.
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Republic v County Government of Machakos Exparte Hotel Connections Limited [2019] KEELC 2781 (KLR)
✦ Court dismisses Respondent's Preliminary Objection with costs
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Clive Mutiso v Joseph Ndambuki Wambua & 2 others [2019] KEELC 2849 (KLR)
✦ The Plaintiff's application to amend the Plaint is dismissed with costs
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Mukeshi Kumar Mehta & 17 others v Abdulrahiim Ebrahim Haroon [2019] KEELC 2944 (KLR)
✦ The application is dismissed with costs to the defendant as there was no error in the orders issued on 12th March 2018 and there is no live suit to be prosecuted since the plaintiffs withdrew the same on 25th May 2016.
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Ahmed Abdullahi Abdille v Abdille Nur Abdi & 3 others [2019] KEELC 2929 (KLR)
✦ The application is dismissed with costs to the defendants as it is incompetent, bad in law, and an abuse of the court process.
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Joseph Kibet Rono & another v Nelson Kiprono Ruto & 2 others [2019] KEELC 2841 (KLR)
✦ The application is dismissed with costs as the defendants have not disclosed sufficient grounds to enable the court exercise its discretion in setting aside the court order.
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Naomi Wanjiru Mwangangi v Gabriel Njuguna Ndungu [2019] KEELC 2767 (KLR)
✦ The Court held that the Defendant committed fraud and ordered him to pay the Plaintiff Kshs.375,000 plus interest.
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Machakos County v Kapiti Plains Estate Ltd & another [2019] KEELC 2827 (KLR)
✦ The Application is allowed.
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Lydia Wambui Gitau & another v Saidi Mwinyikai Thomas [2019] KEELC 2922 (KLR)
✦ The application is dismissed with costs to the plaintiffs.
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Charles Nzioki Nzuki v Mbithi Muli Kalai [2019] KEELC 2811 (KLR)
✦ The Plaintiff has proved his case on a balance of probability, and an order of vacant possession is issued against the Defendant.
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Margaret Nduta Kamithi & another v Annunciata Waithira Kibue & 2 others [2019] KEELC 2681 (KLR)
✦ The application is dismissed as the defendants/applicants have not put forth sufficient grounds to warrant a review of the previous order.
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John Mwangi Ndegwa v Kanyi Gichuhi [2019] KEELC 2857 (KLR)
✦ The Court ordered the Deputy Registrar to execute the transfer forms to enforce the decree.