Kenyan case law

Elijah Mburu Wanyoike v Regina Wanjiru Nganga & another [2020] KEELC 3306 (KLR)

✦ The Plaintiff's suit is dismissed with no orders as to costs, but the Defendants' counterclaim is allowed in terms of prayers (a) and (b) only with no orders as to costs.

Joel Titus Musya v Joash Adamba [2020] KEELC 2901 (KLR)

✦ The application is allowed, and the suit is reinstated.

Daniel Milaken Ndilai & another v Shenia Ene Nkirrrumu & another [2020] KEELC 3327 (KLR)

✦ The suit against the 2nd Defendant has abated, and the application for substitution is dismissed.

Patrick Toroino Mitingi (Suing as the administrator of the Estate of Toroino Mitingi v County Government of West Pokot [2020] KEELC 3322 (KLR)

✦ The court finds that the Plaintiff has trespassed on the Defendant’s parcel of land and dismisses the Plaintiff's suit with costs, allowing the Defendant's counterclaim for eviction.

Remtone Holding Limited v Mashukur Enterprises Limited & another [2020] KEELC 3438 (KLR)

✦ The court finds merit in the application and orders Rukima Estate Limited to be joined as a third defendant.

Omar Mohamed & another v Kilungu Justus Mui & 6 others [2020] KEELC 2847 (KLR)

✦ The application for injunction is dismissed as the plaintiffs have not demonstrated a prima facie case with a probability of success.

Lydiah Mary Munyoki & Another v Samuel Chengo & 2 Others [2020] KEELC 2618 (KLR)

✦ The plaintiffs are not entitled to an injunction as they have not demonstrated a prima facie case with a probability of success.

Kasikar Loitareng v Limanyang Loitareng [2020] KEELC 3320 (KLR)

✦ The plaintiff is the absolute proprietor of the suit property and is entitled to protection of the title as provided for under the Land Registration Act No. 3 of 2012. The issue of trust does not arise. The defendant is not a trespasser on the suit land.

Jones Waisiku Rioba v George Mutundi [2020] KEELC 77 (KLR)

✦ The defendant's preliminary objection is dismissed with costs.

Mary Wairimu Peter Ngaari v Pan African Properties & Investiments Limited & 2 others [2020] KEELC 3127 (KLR)

✦ The court dismissed the plaintiff's application as there was no reasonable explanation for the failure to prosecute the suit and the plaintiff's former advocates' negligence is not a sufficient ground to warrant an exercise of the court's discretion.

Kenya Agricultural and Livestock Research Organization (KARLO) v Edison Sonje Taura & 3 others [2020] KEELC 1724 (KLR)

✦ The Preliminary Objection is dismissed with costs.

Jesulun Murerwa Mwarania v Richard M Mwangi & 2 others [2020] KEELC 3406 (KLR)

✦ The plaintiff is found to be the lawful owner of the suit properties, and the 1st defendant's counterclaim is dismissed.

Narriman Khan Brunlehner v Hatib Mtego & 4 others [2020] KEELC 1673 (KLR)

Mohammed Shahid Moughal v Michael Mooke Kikaye & 5 others [2020] KEELC 3255 (KLR)

✦ The 1st Defendant did not have the legal capacity to enter into the sale agreements as he was appointed administrator of the estate before the agreements were made.

Pacifica Kemunto Nyamongo & another v Agnes Moraa Kenyosi [2020] KEELC 3137 (KLR)

✦ An eviction order is granted against the Defendant.

Rudi Marquardt Electronic Co Ltd v Vallery Jimoi Khazalwa & 4 others [2020] KEELC 3272 (KLR)

✦ The application for leave to amend pleadings is granted

Republic v Chairman,Siaya Land Dispute Tribunal & another; Joel Ogola Osuru & another (Interested Parties); Exparte Applicant:John Odek Osuru [2020] KEELC 3308 (KLR)

✦ The Tribunal exceeded its jurisdiction and the decision of the Siaya Land Dispute Tribunal is quashed.

Pheobe Muga Asiyo v Joseph Nyakwa Ojwang & 2 others [2020] KEELC 3350 (KLR)

✦ The ex-parte order is set aside due to the Plaintiff's counsel's mistake, and the injunction is reinstated.

James Oginga Ochiel & Fanuel Ouma Achiel v Geroge Odhiambo Odongo & Michael Ocholla Aminga (Environment and Land Appeal 21 of 2018) [2020] KEELC 3304 (KLR) (28 February 2020) (Judgment)

✦ The court finds that the Magistrate did not have jurisdiction to determine the matter and that there was no suit before the magistrate court.

Nelson Riccardo Pasotto v Maurizio Marino [2020] KEELC 3459 (KLR)

✦ The Court finds that the Defendant breached the agreement by refusing to carry out necessary repairs. The Plaintiff is entitled to damages and repair costs.

Equator Products Ltd v Baobab Ventures Ltd [2020] KEELC 3353 (KLR)

✦ The Court found the tenancy agreement to be valid and binding, but ruled that the Plaintiff was not entitled to terminate the tenancy without proper notice.

Kenya Anti-Corruption Commission v Peter Oloo Aringo & 3 others [2020] KEELC 3405 (KLR)

✦ The court finds that the land was never alienated and was reserved for Kenya Railways Corporation, making the subsequent lease and transfer invalid.

Peter Nzioka Kithongo v Maria Mwende Mulandi & 3 others [2020] KEELC 3470 (KLR)

✦ The application for a temporary injunction is allowed, restraining the 2nd Defendant/Respondent from burying the deceased wife on the suit land pending the hearing of the main suit.

Baya Yaa Baya & 2 others v Simeon Kazungu Baya & another [2020] KEELC 3475 (KLR)

✦ The preliminary objection is dismissed with costs

Concefuta Kemunto Magata v Dorcas Kwamboka Oyaro [2020] KEELC 3134 (KLR)

✦ The application has merit and the ex-parte judgment is set aside on condition that the defendant pays the plaintiff's thrown away costs.