Kenyan case law
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Mary Nyambura Kinyanjui & another v Teresia Wanjiru Njuguna & another [2020] KEELC 3260 (KLR)
✦ The ex parte judgment is set aside, and the 1st Defendant/Applicant is given leave to file and serve her statement of defense and defend the suit.
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Republic v Aniselimo Njeru Mbanda & another Ex parte National Land Commission; N.K. Nyaga Land Registrar (Interested Party) [2020] KEELC 2103 (KLR)
✦ The court held that the application was not filed without leave of court, the Tribunal had no jurisdiction to entertain the claim, and the 2nd Respondent had no jurisdiction to adopt the Tribunal's award.
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Mary Wanjiru Ndegwa v Wandemi Developers Limited [2020] KEELC 3212 (KLR)
✦ The application is dismissed with costs to the Respondent as the execution of the decree has already been stayed pending appeal.
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James Kirongo Ituma Rwito v Mary Kingori & 2 others [2020] KEELC 3184 (KLR)
✦ The court certified the application as urgent and ordered the defendants to pay half costs to the plaintiff.
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Dominic G. Ng’ang’a & another v Director General National Environment Management Authority & 4 others [2020] KEELC 3252 (KLR)
✦ The Court ordered a permanent injunction to restrain the 2nd Defendant from further construction of the BTS on the property known as Kikuyu/Kikuyu block 1/269, and an order for payment of general damages to the Plaintiffs for violating their rights to a safe, clean, and healthy environment.
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Mayfair Establishments Limited v Stephen Mbugua Kihanya [2020] KEELC 1676 (KLR)
✦ The court finds in favor of the plaintiff, ruling that the plaintiff is the registered owner of the suit property and that the defendant breached the terms of the lease by failing to pay rent and rates.
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Julius Masiva Obuga & 2 Others v Kariuki Kararaho & 2 others [2020] KEELC 3095 (KLR)
✦ The plaintiff's claims are dismissed with no orders as he failed to prove his case on a balance of probabilities.
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Rahab Muthoni Mbatia v Job Karanja Ngugi & 2 others [2020] KEELC 3233 (KLR)
✦ The Court finds that the Plaintiff/Applicant has established a prima facie case with a probability of success. The Court allows the temporary injunction application, but not the declaration and order to cancel the transfer.
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Basil Riticos v Attorney General & 7 others [2020] KEELC 3972 (KLR)
✦ The court dismissed the petition as the new developments have overtaken most of the reliefs sought by the Petitioner. The County Government of Taita Taveta approved the renewal of the lease, and the 5th Respondent cannot usurp the roles of the National Land Commission. The petition for the utilization of the land for settlement of the landless and the order of eviction of squatters are not supported by evidence. The claim for compensation and the order for TJRC to provide reports are not addressed due to lack of evidence.
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Andrew Omboto & 3 Others v Board of Trustees,National Social Security Fund & 6 Others [2020] KEELC 3213 (KLR)
✦ The court dismissed the application, finding that the respondents had complied with relevant laws and regulations.
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Republic v Commissioner of Lands & another; Ex -parte Capri Construction Limited [2020] KEELC 3211 (KLR)
✦ The ex parte applicant's arguments are upheld, and the orders are granted.
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Andrea Wanjala v Christopher Otinga Sikauti & another [2020] KEELC 3263 (KLR)
✦ The court dismisses the plaintiff's case with costs, finding that the plaintiff has not proven his case and that the defendants have a valid claim to the land.
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Moses Ngene Munyiri v Peter Nguku Kungu [2020] KEELC 3180 (KLR)
✦ The Plaintiff is entitled to specific performance of the agreement and a permanent injunction restraining the Defendant from interfering with the Plaintiff's occupation of the purchased land.
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Samwel Kipkurgat Langat v Chelule Tuimising & 2 others [2020] KEELC 2915 (KLR)
✦ The court upheld the preliminary objection and ordered the documents filed by the defendants to be expunged from the record.
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Agness Nasumbu Munialo & another v County Government of Bungoma & another [2020] KEELC 3074 (KLR)
✦ The plaintiffs' claim lacks merit and is dismissed with costs to the defendant.
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Danson Nyaga Njeru v Jeremiah Njue Namu (Being sued on Behalf of the Estate of Namu Njanguru Deceased) [2020] KEELC 2021 (KLR)
✦ The court found that the Plaintiff has satisfied all the requirements of adverse possession and has proved his claim to the required standard. The court also found that the Defendant has not proven his counterclaim.
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Judith Walekhwa v Ronald Olunga & 2 others [2020] KEELC 3072 (KLR)
✦ The plaintiff's suit is dismissed. The plaintiff has not met the threshold of a claim to the suit land in adverse possession due to the interruption of occupation through a suit and the lack of peaceful occupation.
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Moses Lumbasi Simiyu & another v John Kaptoo Ngeywo & another [2020] KEELC 3073 (KLR)
✦ The application is allowed, and the appeal is ordered to be filed within 7 days of this ruling. The Respondents are awarded throw away costs of Kshs. 10,000/=
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Judith Julia Wanjiro Njoroge v Samuel Ngeru Mwangi [2020] KEELC 3219 (KLR)
✦ The application is dismissed with costs to the Plaintiff.
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David Oscar Owako v Chemelili Sugar Company Limited & 7 Others [2020] KEELC 3178 (KLR)
✦ The court dismissed the recusal application as there was no basis for recusal and the application was unmerited.
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Kenya Anti-Corruption Commission v Paul Lobo & 2 others [2020] KEELC 1737 (KLR)
✦ The application has no merit and is hereby dismissed with costs to the plaintiff.
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Avir Kanti Shah v County Government of Trans Nzoia & another [2020] KEELC 3177 (KLR)
✦ The application is dismissed due to lack of identified matters warranting cross-examination and improper notice. The prosecution of the application is held abeyance.
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Kenya Anti-Corruption Commission v Gilbert Mwangi Njuguna & another [2020] KEELC 1764 (KLR)
✦ The court dismissed the application for reinstatement
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Peter Kabue Kariuki v Daniel Njuguna Kariuki [2020] KEELC 3205 (KLR)
✦ The suit is hereby struck out.
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Paul Mwendwa Chanda v George Wambua Ivuti [2020] KEELC 2787 (KLR)
✦ The sale agreement is invalid due to lack of consent from the Land Control Board. The appellant is granted a permanent injunction, order for demolition, and damages for trespass.