Kenyan case law
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Musingo v Muholo alias Hannington Fredrick Mutula & 2 others (Environment & Land Case 42 of 2012) [2020] KEELC 3985 (KLR) (6 March 2020) (Judgment)
✦ The court dismissed the suit, finding that the Plainti had a similar dispute with his late wife before the Siaya Land Dispute Tribunal, which was decided and adopted by Siaya Principal Magistrate Courts.
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Marco Obita v Benjamin Kithee Chamia & another [2020] KEELC 3318 (KLR)
✦ The Appellant's appeal is allowed, and an order of stay of execution of the lower court's order is granted pending the hearing of the appeal.
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Kenya Anti-Corruption Commission v Vincent Kipkirui Tuwei, Wilson Gacanja & United Millers Ltd [2020] KEELC 927 (KLR)
✦ The court finds in favor of the Plaintiff, Kenya Anti-Corruption Commission, and orders the rectification of the land register, permanent injunction, and declaratory prayers.
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Richard Otieno Ooro & another v Washington Odhiambo Ogolla [2020] KEELC 3264 (KLR)
✦ The Plaintiffs are declared the rightful owners of the land parcel, and an order is issued to evict the Defendant. A permanent injunction is also issued to prevent the Defendant from interfering with the land.
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Rajnikant Harjivandas Sangrajka & another v Kiatu & Allied Products Limited & another [2020] KEELC 3311 (KLR)
✦ The Application is dismissed with costs.
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Mathenge Ngatia Ngari (suing for himself and on behalf of his deceased brothers represented by their wives) v Christopher Wangombe Ngatia & another [2020] KEELC 3408 (KLR)
✦ The suit should be revived and the deceased Plaintiff and Defendant substituted.
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Africa Eco Camps Ltd v Lerionka Ole Koshal & 3 others [2020] KEELC 3344 (KLR)
✦ The application lacks merit and is dismissed with costs.
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Joseph Thugo Gichuhi & 3 others v Teresiah Wanjiku Njuguna [2020] KEELC 3125 (KLR)
✦ The court held that the applicants have acquired portions of the suit property claimed by them by adverse possession.
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Rampau Ole Nkoriompai v Kasaine Ole Saoli & another [2020] KEELC 3338 (KLR)
✦ The court finds that the application dated 23/4/19 did not comply with the provisions of Order 9 Rule 9 and strikes out the said application with costs.
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Republic v National Land Commission & another; Asis Store Limited & another (Interested Parties) Ex parte Kenya National Trading Corporation [2020] KEELC 3356 (KLR)
✦ The court finds that the National Land Commission lacked jurisdiction to deal with the matter and that the decision was made without following due process, thus rendering it invalid.
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Muyumba Watita & 51 others v Joannes Satia & 4 others [2020] KEELC 3278 (KLR)
✦ The application for an injunction is dismissed as the plaintiffs were evicted from the land on 11/9/2019, and the injunction would be ineffective.
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Joyce Mukonyo Mutinda v Fredrick Ouma Ogal & another [2020] KEELC 3312 (KLR)
✦ The Court finds that the 1st Defendant's title to the land is invalid due to fraud and double registration, and orders the cancellation of the title.
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Daniel Njenga Muirurig & 2 others v David Kuria [2020] KEELC 3307 (KLR)
✦ The Court finds in favor of the Plaintiffs, granting a permanent injunction and costs, but denies special damages.
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Manyonge Wanyama and Associates Advocates v County Government of Nyeri & another [2020] KEELC 3421 (KLR)
✦ The court sets aside the taxing officer's ruling and orders the court to reassess the fee due to the Applicant.
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Kombo Juma Mzee v Sofi Awino [2020] KEELC 2654 (KLR)
✦ Appellant's claim dismissed as no evidence of ownership was provided
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Josphat Imbiaka Lumadede t/a Daysey Enterprises v Robert Waweru Maina t/a Antique Auctions Agencies & another [2020] KEELC 3258 (KLR)
✦ The court finds that the Plaintiff has not established a prima facie case to warrant the orders sought and that the Plaintiff’s alleged injuries are speculative.
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Richard Mecha Kibagendi v John Mong’are Nyarondia [2020] KEELC 2378 (KLR)
✦ The Court finds that the Plaintiff is the registered proprietor of the suit property and grants him relief accordingly.
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Republic v County Government of Laikipia Exparte Mohamed Asafa Woche [2020] KEELC 3281 (KLR)
✦ The Court found that the Petitioner's complaint was based on the violation of Article 47 of the Constitution and Section 4 of the Fair Administrative Action Act by the Respondent.
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Peter Njoroge Regeru v County Government of Kiambu & another [2020] KEELC 3235 (KLR)
✦ The court grants the Plaintiff's amended plaint and awards him the costs of the suit.
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Peter Kaburi Maina v Rosemary Wangari Mwaniki [2020] KEELC 3274 (KLR)
✦ The Plaintiff is ordered to vacate the land within 60 days and a permanent injunction is ordered to stop the Plaintiff and his agents from accessing the land.
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Margaret Wanjugu Nduma & 3 others v James Gichuki Gathura [2020] KEELC 3410 (KLR)
✦ The Court found the Tribunal Chairperson did not properly apply the principles governing assessment of rent and gave an exorbitant increase.
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Miriam Njoki Karanja v Chief Land Registrar & 2 others [2020] KEELC 3188 (KLR)
✦ The Court finds that Petitioner is the lawful owner of the land and grants various orders including a declaration of ownership, prohibition against unauthorized actions, and rectification of the register.
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Mhandisi Enterprises Limited v Mohammed Swalehe Mwajembe, Rama Omari Chimwega, District Land Registrar Kwale, Attorney General, Mary Ndale Kai, Omar Athumani, Athumani Juma, Muhamed Swallehe & Kwale District Survey Office (Environment & Land Case 126B of 2011) [2020] KEELC 2903 (KLR) (5 March 2020) (Ruling)
✦ The judgment is set aside and the applicants are given a chance to ventilate their defence. The applicants will pay thrown away costs of Kshs. 100,000/= within 30 days of this ruling.
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Christopher Kurutyon Lonyala & 27 others; Ekitale Ekal Lodio & 12 others (Interested Parties) v Cabinet Secretary Ministry of Lands and Settlement & 10 others [2020] KEELC 3967 (KLR)
✦ The respondents named are not in contempt of the order issued on 3/10/2019 as they are not among the respondents in the petition.
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Reuben Cheserem Simotwo v Frank Kibet Andere [2020] KEELC 3349 (KLR)
✦ The order of stay is granted for a period of one year.