Kenyan case law
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Ashwin Ramji Gudka v Anchela Kwamboka Mboga & 2 others [2020] KEELC 2730 (KLR)
✦ The Plaintiff is the registered lawful owner of the suit property and the 1st Defendant is a trespasser on the suit property.
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Paul Francis Njoroge v Annah Nduta Njoroge & 5 others [2020] KEELC 3034 (KLR)
✦ The application is allowed and the Notice of Motion dated 29th November 2019 is reinstated for hearing on merit. The applicant is to fix the application for hearing within 30 days. Costs of this application shall be borne by the applicant.
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Anthony Njau Gitau v Regina Mugure Gitau [2020] KEELC 2988 (KLR)
✦ The application is allowed as prayed with costs to the defendant. The plaintiff is ordered to fast track the hearing of this case within 30 days and to inform the court about the progress of the Succession Cause.
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Christopher Ayabei Serem v Raphael Ayabei Serem & 3 others [2020] KEELC 3012 (KLR)
✦ The application has no merit and is dismissed with costs.
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Clemensia Nyanchoka Kinaro v Joyce Nyansiaboka Onchomba [2020] KEELC 2731 (KLR)
✦ The court should not set aside the ex-parte judgment delivered on May 29, 2014.
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Moses K. Yator & 3 others v Joyce Jerotich Kiplagat [2020] KEELC 3023 (KLR)
✦ The plaintiffs do not have locus standi to bring the suit as they are not legal representatives of the estate of the deceased.
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Lois K Keshinga v David Ole Nkedienye [2020] KEELC 2638 (KLR)
✦ The court finds that the Plaintiff has not established a prima facie case as against the Defendant to warrant the injunctive orders sought.
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Christine Wambui Mwaura v Mary Njambi LK Githegi [2020] KEELC 3032 (KLR)
✦ An order for stay of execution would be appropriate with conditions that the applicant do deposit the title deeds to the suit land with the next 14 days in court with the Deputy Registrar and that the parties do not interfere with the substratum of the case pending the hearing and determination of the Appeal.
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Erdemann Property Limited v National Environment Tribunal; National Environment Management Authority & another (Interested Parties) [2020] KEELC 3063 (KLR)
✦ The ex parte order should be discharged, varied, or set aside.
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David Ogega Ngangi & another v Alfred Matoya Chweya [2020] KEELC 2754 (KLR)
✦ The application is dismissed with costs to the respondents.
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Akseli Lamec & 121 others v Methodist Church in Kenya Trustees & 7 others [2020] KEELC 2880 (KLR)
✦ The application for stay pending appeal is allowed on conditions.
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Akseli Lamec & 121 others v Methodist Church In Kenya Trustees & 7 others [2020] KEELC 2756 (KLR)
✦ The application for stay pending appeal is allowed on conditions.
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Ruth Wakapa & 2 others v Mburu Gathiori Nduati & another [2020] KEELC 2791 (KLR)
✦ The Court finds that the Plaintiffs have not established a prima facie case to warrant the orders of injunction.
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Ariko Odero Ochola v County Government of Kwale [2020] KEELC 2963 (KLR)
✦ The application is dismissed but no orders as to costs are made since it was not defended.
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Ashok Labshanker Doshi & another v County Government of Mombasa & another; National Land Commission (Interested Party); Ali Hassan Joho (Applicant) [2020] KEELC 2970 (KLR)
✦ The application is dismissed as the applicant was well aware of the application and was represented by the County Attorney at the hearing.
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Makupa Transit Shade CFS v County Government of Mombasa [2020] KEELC 2889 (KLR)
✦ The suit was not a constitutional petition or judicial review, and the taxation should proceed as if it was commenced by way of a plaint.
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Eric Maina & Ruth Wambui t/a Spaceman It Mart & 8 Others v Kenya Ports Authority Pension Scheme [2020] KEELC 2645 (KLR)
✦ The suit is dismissed for want of prosecution with costs to the defendant
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Peter Mahinda Kanyora & 2 Others v Julius Mugo Gachagua [2020] KEELC 3079 (KLR)
✦ The defendant was served with the order and had knowledge of it, so personal service was unnecessary. The orders were valid and the defendant disobeyed them.
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Karuthu Magiri v John Kaburu Magiri & 3 others [2020] KEELC 3075 (KLR)
✦ The court dismisses the application for an injunction.
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Bilha Gahuya Akatsa v Attorney General & 2 others (legal representative of Nelson Mulanda) [2020] KEELC 3070 (KLR)
✦ The court finds that the plaintiff has proved her case on a balance of probabilities and grants the following orders: 1. The transfer and registration done by the 1st defendant on 9th March 2000 in favour of the 2nd defendant in respect of plot No. Kakamega Block 1/636 be cancelled and the register be rectified and inserted with the name of the plaintiff. 2. Permanent injunction restraining the 2nd defendant from interfering with the suit land.
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Ronald Onyango Obongo v Jacktone Owino [2020] KEELC 3065 (KLR)
✦ The court finds that the plaintiff is the registered proprietor of the land and grants an order for eviction and permanent injunction.
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Livingstone Ngaira Anjila v Stephen Likami Lipanga & 5 Others [2020] KEELC 3064 (KLR)
✦ The application is dismissed with costs as the court is functus officio and any other applications should be made before the court hearing the appeal.
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Mwelu Muia Muinde v Chizi Chitsunya Magongo & 2 others [2020] KEELC 2943 (KLR)
✦ The title obtained by the 1st defendant was procured through fraud, and the plaintiff's registration as the proprietor is therefore invalid. The title of the 1st defendant is cancelled, and the deceased's name is entered as the proprietor.
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Kenya Anti-Corruption Commission v Wilson Gacanja & 8 Others; Assistant Commissioner of Prisons and/or In In-Charge Machakos Male and Female Gk Remand and/or Prison (Interested Parties) [2020] KEELC 3080 (KLR)
✦ The Notice of Motion application is struck out with costs to the Plaintiff/Respondent and the Interested Party.
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Laban Masinjila v Suluman Sumba, Minister for Lands County Ministry of Lands & another [2020] KEELC 3062 (KLR)
✦ The court dismisses the plaintiff's claims and finds that the plaintiff has failed to prove his case on a balance of probabilities.