Kenyan case law
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Leonard Kuria Wangari v County Government of Kirinyaga &Another; Kenya Medical Research Institute (KEMRI) & Another (Interested Parties) [2020] KEELC 3100 (KLR)
✦ The Petitioner’s Notice of withdrawal of petition dated 5th March and filed on 6th March 2020 is allowed. The interim/conservatory orders issued on 3rd September 2019 are vacated. Each party bears their own costs.
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James Owuor Amolo suing as legal representative the Estate of Jacktone Amolo Oyare v Peter Adongo Okongo & 2 others [2020] KEELC 1880 (KLR)
✦ The court finds in favor of the plaintiff, James Owuor Amolo, and orders the 1st defendant, Peter Adongo Okongo, to vacate the suit property.
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Meshack Nyamberi & 60 others v Sarah Kathumbi Mulwa & 7 others [2020] KEELC 3147 (KLR)
✦ The 6th and 7th Defendants are necessary parties and are enjoined in the suit. The Plaintiffs are ordered to file and serve the Further Amended Plaint enjoining the 6th and 7th Defendants within 14 days of this ruling. The 8th Defendant is not joined in the suit.
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Jackson Kariuki Gikando (Suing as the Administrator of the Estate of Njine Mwara) v Fridah Gacheri Kirimi & 2 others [2020] KEELC 3113 (KLR)
✦ The application is dismissed with costs.
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Melina Limited & 4 others v Four Island Bay Limited [2020] KEELC 3303 (KLR)
✦ The Court finds in favor of the Plaintiffs and grants a perpetual injunction restraining the Defendant from entering into and/or carrying out any activities upon the suit properties.
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Joseph Ndungi Mbula & another v Runny Ngamba & 14 Others [2020] KEELC 3203 (KLR)
✦ The Plaintiffs' application for an injunction to restrain the Defendants from entering the land is allowed.
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Mohamed Mkuzi Saha & 2 others v Julius Mkauma Tsama & 2 others [2020] KEELC 3300 (KLR)
✦ The Court strikes out the Plaintiffs' suit with costs to the Defendants due to the suit being filed in contravention of Section 30 of the Land Adjudication Act.
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Abdulhalim Abdalla & 2 Others v Kennedy Kanungu & 4 Others [2020] KEELC 3183 (KLR)
✦ The court lacks jurisdiction to entertain the boundary dispute as the Registrar has not yet determined the boundaries in accordance with the Land Registration Act.
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Naftally Muriithi Njuki v Abdirahman Abdilahi & 6 others [2020] KEELC 3202 (KLR)
✦ The 1st Defendant's affidavit was not filed in error, and he has since demolished the house and fence. The orders made on 31st October 2018 are hereby discharged and set aside.
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Mbithi Mutisya Mbithi v Ndunda Thyaka Musyoka & another [2020] KEELC 3146 (KLR)
✦ The court grants the application for an extension of time to file an appeal and a stay of execution pending the hearing and determination of the appeal
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Jennifer Muthoni Morigi & 2 others v Homelands Development Investors Ltd [2020] KEELC 3144 (KLR)
✦ The suit is not statute barred as the Plaintiffs' claim is for recovery of land, which has a limitation period of 12 years.
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Mathias Ngumbao Kitsao v Registrar of Titles Mombasa [2020] KEELC 3201 (KLR)
✦ The application is dismissed with costs.
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Oloirien Group Ranch v Mckay & Co. Advocates [2020] KEELC 2659 (KLR)
✦ The court granted the application.
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Mohamed Hassan Kitimange v Maliprop Limited & 4 others [2020] KEELC 3195 (KLR)
✦ The court denies the application for leave to enjoin Kidogo Estate Ltd and for deemed filing and service of the further amended Originating Summons.
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Esther Kerubo Osoro v Wilfred Onsomu [2020] KEELC 3143 (KLR)
✦ The Plaintiff is the indefeasible owner of Land Parcel Number South Mugirango/Bosinange/3299, and the Defendant is ordered to give vacant possession within 30 days, face an eviction order if necessary, and be restrained from trespassing on the Plaintiff's land.
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James Kinyua Migwi v Anthony Wachira Wangari & another [2020] KEELC 3108 (KLR)
✦ The court allows the Notice of Motion and sets aside the dismissal of the application for want of prosecution, with costs to the 2nd respondent.
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Leo Investment Limited t/a Mara Concord Game Lodge v Samson Ololmaitai & another [2020] KEELC 2885 (KLR)
✦ The Plaintiff/Applicant's application for interim injunctions was granted.
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Elijah Gachugi Ndegwa v County Lands Registrar Lamu & 4 others [2020] KEELC 3275 (KLR)
✦ The Originating Summons is premature and misconceived, and is hereby struck out with costs to the Respondents
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Kapa Oil Refineries Limited & 7 others v Export Processing Zones Authority & 2 others [2020] KEELC 3149 (KLR)
✦ The court granted the stay of execution orders and a conservatory order to preserve the feeder pipelines and other structures attached to the trunk pipeline.
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Maina v Mbuthii; Kimiti (Interested Party) (Environment & Land Case 8 of 2013) [2020] KEELC 3120 (KLR) (13 March 2020) (Ruling)
✦ The consent order should not be reviewed or set aside as the defendant did not provide evidence of undue influence or unconscionable acts during the sale agreement.
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Joseph Njiraini Muriithi v Beth Wanjira Muriithi, Agnes Wakuthii Wachira, Anthony Mbithi Wachira & Susan Njeri Munene; Margaret Wakiuru Murathi (Interested Party) ; Jane Kirunda Njiraini, BMN & SWN (Intended Interested Parties) (Environment & Land Case 521 of 2013) [2020] KEELC 3115 (KLR) (13 March 2020) (Ruling)
✦ The application is granted with costs in the cause and the parties are directed to take a hearing date within 3 months.
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Kachimbiza Katana Mwandenge & 384 others v Fort Properties Limited [2020] KEELC 3191 (KLR)
✦ The Plaintiffs have acquired adverse possession over the land
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Daniel Kinyanjui Gitau & 227 others v Mary Ruguru Njoroge [2020] KEELC 3145 (KLR)
✦ The Court finds in favor of the Plaintiffs, prohibiting the Defendant from evicting the Plaintiffs from the land and from transferring it to any third party.
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Prafulla Enterprises Ltd v Katangi Developers Limited & 2 others [2020] KEELC 3076 (KLR)
✦ The plaintiff's suit is dismissed with costs to the 1st defendant certified for two counsel.
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Gabriel Onunda Ongera v William Nyangechi Ongera & 2 others [2020] KEELC 3142 (KLR)
✦ The Plaintiff has proved his case on a balance of probabilities and is entitled to a declaration, cancellation of the title, and a permanent injunction.