Kenyan case law

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.

Republic v District Land Adjudication and Settlement Officer, Makueni District & another; Titus Munguti Ndia (Intersted Party) Ex Parte Onesmus Mutua Mukilya [2019] KEELC 2962 (KLR)

✦ The application is dismissed with costs to the ex-parte Applicant

Naomi Wakonyu Kamau & 2 others v Dorcas Wanjira Kariuki [2019] KEELC 2695 (KLR)

✦ The court held that the 1st plaintiff and the deceased were not equitable tenants in common, and the deceased did not become a trustee of the legal estate in the suit properties.

John Mureithi Githinji v Thomas Ireri Ngai & another [2019] KEELC 2970 (KLR)

✦ The court finds no merit in the Applicant's notice of motion and dismisses it with costs to the Respondents.

Peter Njonjo Kibera & 2 others v Peter Njonjo Kibera & 4 others [2019] KEELC 2710 (KLR)

✦ The defendant is the lawful and bona fide owner of the suit property and is entitled to the reliefs sought in the counter-claim. The plaintiffs' suit is dismissed.

Dominic Kamau Kariuki v Nairobi City Council [2019] KEELC 2743 (KLR)

✦ The court finds that the plaintiff is the lawful allottee and beneficial owner of Plot No. 1/418/E off ring road Kilimani, Nairobi, and issues a declaration and a perpetual injunction in his favor.

Margaret Wairimu Mucheru & another v Manyatta Paradise Ltd & Vanother; Mugumo-Ini Residential Association(Interested Party) [2019] KEELC 2737 (KLR)

✦ The court grants the application and allows the plaintiffs/applicants to amend their plaint.

Joseph Gichuhi Kariuki & 3 others (suing as the officials of AIC Kikuyu District Church Council) v Robert Kimani [2019] KEELC 2742 (KLR)

✦ The court allows the appellants' application for reinstatement and extension of time, but orders them to pay thrown away costs.

Robert Kioko Muthiani (suing as an Administrators of the Estate of Muthiani Musomba) v Mathenge Manoti [2019] KEELC 2952 (KLR)

✦ The court finds for the Plaintiff and orders an eviction of the Defendant from the subject land, Kshs. 200,000 in general damages, and costs of the suit.

Rosemary Chebet Koros v Samuel Kiprono Sang & 2 others [2019] KEELC 2961 (KLR)

✦ The court grants the eviction order and directs the police station to provide security during the enforcement.

Ebrahim Athumani Mwangi v Abdalla Tairara Godoro & another [2019] KEELC 2724 (KLR)

✦ The application for substitution of the deceased plaintiff is allowed, and the suit is continued on that basis.

Beyond Housing Co-operative Society Limited v County Secretary, Nakuru County Government and 3 others; County Assembly of Nakuru (Interested Party/Applicant) [2019] KEELC 2671 (KLR)

✦ The application is allowed and leave is granted to amend the plaint within 14 days.

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.

Nyaga Kanyua v Charles Kinyua Munene & 2 others [2019] KEELC 2940 (KLR)

✦ The Plaintiff has failed to prove his claim to the required standard against the Defendants. The Plaintiff's suit is hereby dismissed with costs to the 1st, 2nd, and 3rd Defendants.

Sammy Ndungu Mungai v Daniel Macua Ndonga & 2 others [2019] KEELC 2938 (KLR)

✦ The court orders the plaintiff to comply with the procedure for execution of decrees and to seek a prohibitory order against the suit property.

Carol Construction Engineers Ltd v Naomi Chepkorir Langat [2019] KEELC 2731 (KLR)

✦ The application to enjoin the defendant and other parties is adjourned and the hearing notice for the defendant is to be served by newspaper advertisement.

Manyonge Wanyama & Associates v County Government of Kirinyaga [2019] KEELC 2973 (KLR)

✦ The court sets aside the taxation and certificate of costs and remits the bill of costs to a different taxing officer for fresh taxation.

Loise Njeri Karuga (Suing as the representative of the estate of David Kariuki Karingo) v Patriciah Wahito Njiru [2019] KEELC 2963 (KLR)

✦ The court finds no merit in the Appellant's application for stay and orders the registration of a prohibitory order against the suit property.

Chris Nyakundi (suing through his Attorney Jeremiah Matagaro) v Mimosa Plantations Ltd & 7 others [2019] KEELC 2788 (KLR)

✦ The injunctive orders cannot be varied to allow construction, and the application is dismissed.

Joseph Kipletich Singoe v Richard K Koech & another [2019] KEELC 2924 (KLR)

✦ The application is dismissed with costs, and the plaintiff is given an opportunity to prosecute the case.

Philip Oyier Kwasu & 2 others v Henry Ndukwe Kwasu & 2 others [2019] KEELC 2975 (KLR)

✦ The court dismissed the appeal and upheld the previous order.

Kencent Holdings Ltd v Kenya Power & Lightning Company Ltd [2019] KEELC 2939 (KLR)

✦ The court dismisses the suit for want of prosecution, but grants the plaintiff a last opportunity to prosecute the case.

Charity Wanjiru Joseph v Husenbhai Mulla Ahmed Mulla & another [2019] KEELC 2946 (KLR)

Jonathan Charles Titi v Principal Magistrate Kapsabet & 2 others [2019] KEELC 1922 (KLR)

✦ The court finds that the applicant does not have locus standi to bring this suit as he has no interest and that he has not proved which right has been infringed upon.

Celestine John Aoko & others v Shem Owino Muga & 7 others; Amicus Curiae Kenya National Commission on Human Rights [2019] KEELC 2948 (KLR)

✦ The court found that the respondents were in violation of the petitioners' rights and freedoms and ordered them to cease and desist from the illegal sand harvesting and transportation.