Kenyan case law
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Joash Wafula Mukhwana v Lennah Nangila Nyongesa & another [2015] KEELC 274 (KLR)
✦ The plaintiff has proved his case on a balance of probabilities, and the defendants are ordered to provide a 2m wide access road to the plaintiff and permanently restrained from blocking it.
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Apolo Ambutsi Shikanga v Jomo Godwin Kororia [2015] KEELC 277 (KLR)
✦ The application is granted, and the defendant is given an additional 14 days to file a defence.
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Chege v Gachoka & 2 others (Environment and Land Case 1296 of 2014) [2015] KEELC 258 (KLR) (30 July 2015) (Judgment)
✦ The court held that the tenancy is in common and the Plaintiff must apply to the Registrar for partitioning.
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Ebei Korodi Cloprita v Margaret Naliaka & 2 others [2015] KEELC 283 (KLR)
✦ The plaintiff is entitled to unimpeded use of the suit land and the defendants are trespassers. The plaintiff shall have costs of the suit to be paid by the defendants jointly and severally.
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African Inland Church Kenya(Trustees Registered) v Naomi Enyang & another [2015] KEELC 285 (KLR)
✦ The application is dismissed with costs to the second respondent.
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Jean Wamarwa Nyamu v Francis Mbungu Njagi & 2 others [2015] KEELC 309 (KLR)
✦ The Plaintiff/Applicant has established a prima facie case with a probability of success and the Plaintiff/Applicant's Notice of Motion dated 26th May 2015 is well merited. The same is accordingly granted with costs being in the cause.
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Kenya Anti-Corruption Commission v Wilson Gacanja & 2 others [2015] KEELC 279 (KLR)
✦ The application is dismissed with costs to the third respondent as the third respondent has not been heard and the case against it has not been overtaken by events.
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Rassendyll Kecha Ndiema v Bernard Masaka Shinali & 2 others [2015] KEELC 281 (KLR)
✦ The applicant has not demonstrated a prima facie case of adverse possession and the application is dismissed with costs to the first respondent
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Kipkirui Arap Koske v Philemon Kipsigei Tangus & another [2015] KEELC 295 (KLR)
✦ The plaintiff's case has no merit, and the suit is dismissed with costs.
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Michael M Kalama & another v Pastor Mangi [2015] KEELC 316 (KLR)
✦ The Application is dismissed with costs.
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Irene Mary Hamphries v Tahir Sheikh Said & 5 others [2015] KEELC 314 (KLR)
✦ The court will address the applicable law considering that the Land Titles Act, Registration of Titles Act, and Government Lands Act have been repealed and replaced with the Lands Registration Act, 2011 and the Lands Act, 2012.
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Andrew Kiplangat Bii v Charles Kipkurui Koech [2015] KEELC 294 (KLR)
✦ The application to amend the Originating Summons is allowed, and the amended Originating Summons should be filed and served within the next 14 days.
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Rose Kasiku Watia & another v Edward Watia Nzilu & 3 others [2015] KEELC 315 (KLR)
✦ The Plaintiffs have not established a prima facie case with chances of success to challenge the sale of the land
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Nimrod Juniahs Mwang'ombe v Mwaro Baya & 9 others [2015] KEELC 311 (KLR)
✦ The Defendants are ordered to vacate the suit property
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Kenya Commercial Bank Ltd v Mukeshkumar Kantilal Patel & another [2015] KEELC 293 (KLR)
✦ The application is dismissed as there is no indication that the counsel would be called as a witness and the documents prepared by the firm are not in issue.
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John Karuga Wahinya v Violet Wanja Gatei [2015] KEELC 811 (KLR)
✦ The court ordered the plaintiff's and defendant's advocates to work out and agree the decretal sum and an acceptable professional undertaking for the payment of the decretal sum, with a stay of execution until November 30, 2015.
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Sarah Chepngeno Munai v Esther Chepkoech Sonoiya [2015] KEELC 291 (KLR)
✦ The application to amend the plaint is allowed.
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Francis Chabari Nyaga v Pina Pankaj Nimavat & 3 others [2015] KEELC 211 (KLR)
✦ The Court grants an injunction restraining the 1st Defendant/Respondent from interfering with the property pending the hearing and determination of the suit.
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Emfil Limited v Attorney General & 424 others [2015] KEELC 220 (KLR)
✦ The orders of injunction issued ex parte on 27th May, 2015 have in deed lapsed by operation of law as they were not served within the 3 days as provided under Order 40 rule 4(3).
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James Muigai Thungu v County Government of Trans-Nzoia & 2 others [2015] KEELC 278 (KLR)
✦ The court finds that an injunction can issue against a County Government, and the applicant has demonstrated a prima facie case with probability of success. The court allows the applicant's application to preserve the property until the suit is heard and determined.
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Mahican Investments Company Ltd & another v Transcore Freighters Ltd [2015] KEELC 321 (KLR)
✦ The court finds that the Plaintiffs have not established a prima facie case for an injunction and declines to grant the Plaintiffs' application.
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Islam Said Islam & 4 others v Malik Mbashee Magumba & another [2015] KEELC 320 (KLR)
✦ The Court granted the Plaintiffs' Application for Temporary Injunction restraining the 1st Defendant and the 2nd Defendant from dealing with the land parcels pending the hearing and determination of the suit.
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Joseph Munyao Dishon v Emiricus Hendricus Van De Werf [2015] KEELC 322 (KLR)
✦ The Defendant has not shown that he is entitled to the suit property and is represented by a competent advocate.
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Annan Warimu Mwangi v David Kamau Kimani [2015] KEELC 319 (KLR)
✦ Both the Plaintiff and the Defendant succeed in their respective claims.
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Joseph Mwarua Ndoro (Suing as the administrator of the the estate of Kadii Wangari Kombe (deceased) v Onesmus Chai Dzombo & 2 others [2015] KEELC 318 (KLR)
✦ The Plaintiff's Application is dismissed with costs.