Kenyan case law
-
Joel Kipruto Puluny & another v Benter Atieno Oluoch [2020] KEELC 2938 (KLR)
✦ The application for substitution is dismissed with costs.
-
Josephat Oundo Omodo v Martina Anyango Khanya [2020] KEELC 3009 (KLR)
✦ The court finds in favor of the plaintiff, ordering the defendant to execute a transfer of the land and sign relevant transfer documents.
-
Aima Enterprises Limited v Andrew M. Mwonga & 3 Others [2020] KEELC 2581 (KLR)
✦ The application is allowed, and the court directs the Officer Commanding Station Isinya Police Station to provide security during the removal of the concrete wall blocking the road of access leading to the 1st and 2nd Defendants' parcel of land.
-
Michael Kimetet A Korir v Attorney General & 4 others; Mercy Karimi Munyasia (Interested Party) [2020] KEELC 2987 (KLR)
✦ The Court finds in favor of the Petitioner, declaring that the Respondents' actions were irregular, arbitrary, and in violation of the Petitioner's rights.
-
Peter Gathumbi Kirubi v Attorney General & 4 others; Danson Kariuki Kimani (Interested Party) [2020] KEELC 3035 (KLR)
✦ The Petitioner's rights under Articles 40 and 47 of the Constitution have been violated.
-
Paustina Auma Ojwang v John Onyango Owangi & 2 others [2020] KEELC 2999 (KLR)
✦ The court found that costs follow the event, but the plaintiff should not be condemned to pay costs as it would enable the defendants to benefit from their own breach of the sale agreement.
-
Andera Omanyo Ekulo v Innocent Masiga Makokha [2020] KEELC 2977 (KLR)
✦ The court finds merit in the motion and allows the application for an order of inhibition against the defendant, restraining him from transferring, sub-dividing, disposing or charging the land until the suit is heard and determined.
-
Benjamin Mwanzia Wambua (Suing as the Legal Representative of Mukui Wambua Maingi) v Stephen Kimeu Kimanga [2020] KEELC 2749 (KLR)
✦ The court allows the application to review and set aside the judgment dated 04th July, 2018, due to the Plaintiff's lack of capacity to sue and the suit being res judicata.
-
Peter Bambula Mjambili v Zamzug Investment Limited & Another [2020] KEELC 3029 (KLR)
✦ The Court orders the consolidation of the two petitions for hearing and determination together.
-
Justus Nguma v Gona Bahari & 7 others [2020] KEELC 3042 (KLR)
✦ The Court is satisfied that the Defendants were not served with summons and that they had a valid defence.
-
Alphonce Munga Sheshe v Oliver Mtengo Kalama & 2 others [2020] KEELC 3013 (KLR)
✦ The Court found that the Plaintiff's title deed was valid and that the Defendants' title deeds were not, thus ruling in favor of the Plaintiff's claim to the land.
-
Robert Osike Ageri v Kenneth Mulongo Ojwang [2020] KEELC 2976 (KLR)
✦ The court finds that the plaintiff has proved his case on a balance of probabilities and enters judgment in favor of the plaintiff.
-
Mwagona Anthony Sadi v Saadi Ali Rao & 2 others [2020] KEELC 2997 (KLR)
✦ The application for an interlocutory injunction is dismissed as the Plaintiff has not established a prima facie case and has not prosecuted his earlier application.
-
Joseph Ogutu Gaunya v Bonface Ressa Obwamo [2020] KEELC 3019 (KLR)
✦ The defendant is lawfully on the portion of the suit land he occupies and is entitled to the orders in his counter-claim.
-
Kaakai Ene Nankoo Mosiany v Kateto Ole Kironki Miisia, District Land Registrar, Kajiado & Attorney General (Environment & Land Case 440 of 2017) [2020] KEELC 2783 (KLR) (29 April 2020) (Judgment)
✦ The court declared that the property known as KAJIADO/ DALALEKUTUK/ 3134 lawfully and indefeasibly belongs exclusively to the Applicant, Kaakai Ene Nankoo Mosiany.
-
Mkutano Hinzano Ngala v Simeon Patrick Hinzano & Another [2020] KEELC 3040 (KLR)
✦ The Plaintiff's claim is dismissed as the agreement was not valid and the land parcels were not distributed as claimed.
-
Ramadhan Ali Mwatsahu & others v County Government of Kilifi & others [2020] KEELC 2979 (KLR)
✦ The Court orders the consolidation of the two petitions for hearing and determination together.
-
Mombasa Cement Limited v Ministry of Lands and Physical Planning & 3 others; Vipingo Estate Limited (Interested Party) (Petition 17 of 2018) [2020] KEELC 2856 (KLR) (29 April 2020) (Judgment)
✦ The National Assembly does not have power to cancel title to land, nor jurisdiction to issue directives to the Ministry of Lands and Physical Planning.
-
Mkamenyi Farmers Cooperative Society Limited v Ministry of Lands and Physical Planning & 8 others [2020] KEELC 2924 (KLR)
✦ The preliminary objections are dismissed with costs to the plaintiff.
-
Joshua Mwilu Kimeu v Julian Nduku Joseph [2020] KEELC 2804 (KLR)
✦ The Appellant's appeal is allowed, and the injunction is stayed pending the hearing and determination of the appeal.
-
James Mochama Kanisa v Mercy Njeri Ndirangu & 3 others [2020] KEELC 2848 (KLR)
✦ The learned Magistrate erred in finding that there existed two sets of titles to the suit properties. The Appellant met the conditions required for grant of a temporary injunction.
-
Lake Basin Development Authority v Registered Trustees of the Agricultural Society of Kenya (ASK) [2020] KEELC 3021 (KLR)
✦ A mandatory injunction is granted to compel the defendant to stop any activities and remove its items, machines, employees, or persons acting under its authority from the parcel of land.
-
Kaakai Ene Nankoo Mosiany v Kateto ole Kironki Miisia & 2 others [2020] KEELC 2919 (KLR)
✦ The court declared that the property known as KAJIADO/ DALALEKUTUK/ 3134 lawfully and indefeasibly belongs exclusively to the Applicant, Kaakai Ene Nankoo Mosiany.
-
Joshua Kyalo Nthakyo & 4 others v Joseph Masai Muumbi [2020] KEELC 2664 (KLR)
✦ Plaintiffs have established customary trust and are awarded an order to join Plaintiffs in obtaining consent to transfer land and transfer the land after paying stamp duty.
-
John Mutuku Kituma, Samuel Mailu Kituma & Sammy Musau Kituma v James Mutie Kimuya, Kiamba Kimuya, Josiah Kimuya & Land Registrar Makueni (? 2 of 2019) [2020] KEELC 2641 (KLR) (29 April 2020) (Ruling)
✦ The Petitioners are out on a fishing expedition and the Preliminary Objection has merit.