Kenyan case law

John Katili Makau v Mutuku Silingi [2020] KEELC 2857 (KLR)

✦ The court declares that land parcel No.421 Kaumoni Adjudication Section belongs to the deceased's estate and issues a permanent injunction against the Defendant.

Rodgers Mundu Munga v Patrick Chishenga Munga & 2 others [2020] KEELC 3014 (KLR)

✦ The application is dismissed with costs to the plaintiff.

Nadim Hassan Bhatti & 2 others v William Kahindi Ruwa & 3 others [2020] KEELC 2989 (KLR)

✦ The application for an interlocutory injunction is dismissed as the Plaintiffs have not shown a prima facie case with a probability of success and have not suffered irreparable injury that cannot be compensated by an award of damages.

Leonard Tonui (Suing as personal representative of the late Daniel Kiplangat Ruto) v Kipkemoi Rutto & another [2020] KEELC 2986 (KLR)

✦ The court dismissed both applications.

Republic v Deputy Commissioner Kibwezi Sub-County & another Ex Parte Salim Mohammed Salim & 6 others; Government of Makueni County (Interested Party) [2020] KEELC 2838 (KLR)

✦ The court has jurisdiction to hear the application and will consider the setting aside of the ex-parte judgment.

Abraham Jeremia Irukan v Rasomo Osilingi Omunyongor [2020] KEELC 3022 (KLR)

✦ The court allows the plaintiffs' claim and dismisses the defendant's claim for eviction.

Sukhdev Singh Mangat v Springwest (K) Limited [2020] KEELC 3046 (KLR)

✦ The court grants the plaintiff a declaration that the transfer to the suit property was done irregularly and in breach of the sale agreement, and an order for cancellation of the entry on the title deed to the suit property and transferring the same to the Defendant.

Republic v County Government of Kisumu Ex parte Transmattress Limited [2020] KEELC 2766 (KLR)

✦ The court quashed the respondent's notice and prohibited the respondent from carrying out or acting upon its threat to demolish the applicant's building structures and premises.

Republic v Ocunty Government of Kisumu Ex Parte; Transmattress Limited [2020] KEELC 2828 (KLR)

✦ The court quashed the respondent's notice and prohibited the respondent from carrying out the threat to demolish the applicant's building structures and premises.

Republic & another v Director of Land Adjudication & Settlement & another; Mark Odembo Ochola & another (Interested Parties) [2020] KEELC 3048 (KLR)

✦ The court orders the registration of land parcel 248 Rata in the names of Petro Mwaha and Marco Odembo as co-proprietors in common

Ramadhan Wanzala Omoro v County Government of Kakamega [2020] KEELC 2994 (KLR)

✦ The court finds the appellant's claim for eviction and costs merited and grants the respondent to vacate the suit land within six months.

George Timothy Opande v Ezekiel M. Okemwa & 2 others [2020] KEELC 2930 (KLR)

Benard Otieno Momanyi v Paul Ogango Ogada [2020] KEELC 2950 (KLR)

✦ The Court finds that the Plaintiff has not sufficiently demonstrated through evidence that he had been in non-permissive, open, notorious and adverse use or occupation of the suit parcel for an uninterrupted period of 12 years.

Kano Kajulu Farmers Cooperative Society Ltd v County Land Registrar, Kisumu & another [2020] KEELC 3056 (KLR)

✦ The Plaintiff has proved his case on a balance of probabilities and is entitled to the following orders: 1. The Plaintiff is entitled to the whole land parcel. 2. The 2nd Defendant's proprietary interest in the suit parcel has been extinguished. 3. The transfer of the suit parcel from Onyango Oyoo to the 2nd Defendant was irregular and fraudulent.

Kano Kajulu Farmers Cooperative Society Ltd v County Land Registrar, Kisumu & Another [2020] KEELC 2956 (KLR)

✦ The Plaintiff has proved its case on a balance of probabilities and is entitled to the following orders: 1. The Plaintiff is entitled to the whole land parcel. 2. The 2nd Defendant’s proprietary interest has been extinguished. 3. The transfer of the suit parcel was irregular and fraudulent.

Benard Otieno Momanyi v Paul Ogango Ogada [2020] KEELC 3002 (KLR)

✦ The Court finds that the Plaintiff has not sufficiently demonstrated through evidence that he had been in non-permissive, open, notorious and adverse use or occupation of the suit parcel for an uninterrupted period of 12 years.

John Gitau Mungai v Stephen Thuku Kabebe & 3 others [2020] KEELC 2980 (KLR)

✦ The Agreement of 18th June, 2010 is found to be valid and the Plaintiff's claim to the suit property is dismissed.

Elijah Maina Kimani (Suing on behalf of Light House of Grace Ministry & another v Jacob Muyendi Wambua & another [2020] KEELC 3055 (KLR)

✦ The Plaintiffs' Amended Plaint is dismissed with costs.

Ambrosiah Nditi Muli v Chief Land Registrar & 15 others [2020] KEELC 3044 (KLR)

✦ The petition is not res judicata or sub judice, and the notice of preliminary objection is dismissed.

Republic v Cabinet Secretary, Ministry of Lands and Housing & 2 others; Josphat Mwanzia & 3 others (Interested Parties); Ex parte Applicant: Musyimi Kilonzo [2020] KEELC 3050 (KLR)

✦ This court quashes the decision of the 1st Respondent and remands the Appeals to the Cabinet Secretary for another Deputy County Commissioner to hear and determine the appeals.

Rebeccah Mwikali Jacob v Peter Nicholas Mutuku & 2 others [2020] KEELC 3052 (KLR)

✦ The Court finds in favor of the Plaintiff, ruling that the land belongs to the Plaintiff's deceased husband and that the Defendants' transfer of the land was fraudulent.

Mavoloni Company Limited v Land Registrar Thika District & 3 others; Agricultural Finance Cooperation & 2 others (Interested Parties) [2020] KEELC 3054 (KLR)

✦ The Application is struck out with costs as the deponent of the Supporting Affidavit is not a Director of the 3rd Interested Party and the Application is incompetent.

David Kashonga Pulei v Noah Moneria Ole Kurrarru & 3 others [2020] KEELC 2806 (KLR)

✦ The Plaintiff’s previous lawyers were not served with the taxed Bill of Costs, but the Taxing Master confirmed service. The 2nd and 3rd Defendants are entitled to be paid the taxed costs. The 2nd and 3rd Defendants adhered to the proper legal process to attach the Plaintiff’s motor vehicle.

Kenya Power & Lighting Co. Limited v Sammy Wambua Kyale & another [2020] KEELC 3004 (KLR)

✦ The Court set aside the previous judgment

B2 Yatta Ranching Co-operative Society Ltd v County Council of Kitui & 12 others [2020] KEELC 3005 (KLR)

✦ The 1st Defendant is the trustee of the suit land and the 2nd to 7th Defendants have not made out a case of having customary rights on the suit land.