Kenyan case law
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Gabriel Macharia Njoroge v Land Registrar, Muranga & another [2020] KEELC 3372 (KLR)
✦ The Plaintiff's claim of fraud is dismissed, and the 2nd Defendant is found to be a bona fide purchaser for value without notice.
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Rachel Njoki Nielsen v Ahmed Mohamed Abdi & 4 others [2020] KEELC 3448 (KLR)
✦ The application is allowed, and Orleg Orlov is permitted to enter Kenya temporarily to give evidence in the suit.
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Juliana Mbuya Njiru v Pithon Njiru Ngiri & 2 others [2020] KEELC 2023 (KLR)
✦ The court finds that the Plaintiff's suit is not res judicata and that the Defendants acquired the suit property fraudulently.
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Nelly Wanjiru Njenga v Robinson Maina & 3 others [2020] KEELC 3398 (KLR)
✦ A mandatory injunction was ordered to restrain the Defendants from entering upon, crossing, erecting structures upon, or interfering with the Plaintiff's possession, ownership, and quiet enjoyment of the land.
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Julius Macharia Njenga v Methi & Swani Farmers Cooperative Society Ltd & 2 others [2020] KEELC 3425 (KLR)
✦ The Plaintiff's suit fails and is dismissed. The 2nd Defendant's counterclaim succeeds and the caution lodged by the Plaintiff is removed. The costs of the suit and counterclaim are borne by the Plaintiff in favor of the 2nd Defendant.
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Jumwa Tinga Kalu v Morin Leah Akech Auma & 4 Others [2020] KEELC 2861 (KLR)
✦ The application for striking out of the defendants' defences is dismissed with costs.
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Charles Merisia & 2 others v Petro Kalungokor [2020] KEELC 3462 (KLR)
✦ The court orders the County Land Registrar to visit the land parcels and establish and fix the boundaries on the basis of the boundaries established after the land adjudication process.
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Kathendu Kareri & Paul Nguku Ngari v Ita Kiborio & Charles Nthiga Gitumo (Sued as the personal representative of the Estate of Mugo Gitumo (Deceased); Munyi Ngai (Interested Party) (Environment & Land Case 134 of 2014) [2020] KEELC 2034 (KLR) (27 February 2020) (Judgment)
✦ The 1st Defendant was a representative of the Miugu family during land adjudication. The Plaintiffs are members of the Miugu family. The 1st Defendant was registered as proprietor of the suit properties.
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Justice and Environment Foundation & 124 others v Perry Patel Mansukhlal Kansagra & others [2020] KEELC 3480 (KLR)
✦ The court strikes out parts of the petition that fall outside its jurisdiction, allowing the remaining claims to proceed in appropriate courts.
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Republic v County Government of Mombasa Ex parte Jaffar Ahmed Mohamed [2020] KEELC 3161 (KLR)
✦ The court declines to grant an order of stay. Costs to abide the outcome of the substantive motion.
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Luther Kasholo Lamek & others v Rashid Warshow [2020] KEELC 2860 (KLR)
✦ The suit is a nullity and is hereby struck out
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M’Mwongera Miruri v Nancy Kanugu Mbaya (Legal representative of Ayubu Mbaya Mwongera – Deceased) & 4 others [2020] KEELC 3452 (KLR)
✦ The documents filed on January 24, 2020, are taken to be properly on record, but the plaintiff is not allowed to file any further documents.
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Eric Timothy Balongo v Paul Siteya Loorkipony [2020] KEELC 3418 (KLR)
✦ The application to refer the matter to the Chief Justice to constitute a bench is dismissed as the matter is already determined and a Decree issued to that effect which is in the process of execution.
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Olerai Energy and Infrastructure Limited v Elizabeth Kaliungu Angaine [2020] KEELC 3251 (KLR)
✦ The court found the lease agreements to be valid and for 10 years.
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Charles Mutethia Ngore v Joseph Ntongai M’Alabwa [2020] KEELC 3491 (KLR)
✦ Application dismissed with costs
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Liberty Mall Limited v Meru County Government National Land Commission [2020] KEELC 3490 (KLR)
✦ The application is dismissed with no orders as to costs.
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Cheseret Arap Korir v Equatorial Land Holdings Limited [2020] KEELC 3342 (KLR)
✦ The court has stayed the ruling in Eldoret ELC No. 127 of 2018 pending the hearing and determination of the parties' application dated 6th May, 2019 and 10th June, 2019.
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Letutui Nkedianye & 3 others v John Sakaja Ntukusoi [2020] KEELC 3267 (KLR)
✦ The notice of motion dated 25/10/19 is allowed, and a stay of proceedings in Kilgoris PMC ELC No. 13 of 2018 is granted pending the hearing and determination of the appeal.
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Republic v Land Adjudication Officer Tigania District Ex parte M’Alaine Yusuf Maitima; M’Lingera M’Nguthuri (Interested Party) [2020] KEELC 3355 (KLR)
✦ The application is not merited and is dismissed
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Cheseret Arap Korir v Equatorial Land Holdings Limited [2020] KEELC 3232 (KLR)
✦ The court finds the application to set aside the arbitral award well-founded and the award is set aside.
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Ambwere T.S & Associates v Frank Nyambu Wafukwa & Others [2020] KEELC 2709 (KLR)
✦ The instruction fees should be taxed based on the value of the subject matter, and the amount is Kshs. 889,500/-. The respondents had paid Kshs. 235,000/-. The other items in the bill were not contested.
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Johnson Mbaabu Mburugu & another v Mathiu Nabea & 9 others [2020] KEELC 3492 (KLR)
✦ The court dismissed the preliminary objections as the petitioners have not exhausted their remedies and the matter is not legally incompetent.
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Zakaria Kiruki v Shadrack Mwiti, Janet Maringa M’Ikiara & Evangeling Nkirote M’Ikiara (Environment & Land Case 6A of 2011) [2020] KEELC 3397 (KLR) (26 February 2020) (Ruling)
✦ The application is not merited and is hereby dismissed with costs to respondents.
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Andrew Mungatia Anjuri & 2 others v Kirima Gideon Ringera [2020] KEELC 3495 (KLR)
✦ The application is allowed, and the inhibition order against the parcel of land known as Title Number Nyaki/Giaki/865 is lifted.
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Patrick Mugambi Thambu & 4 others v Attorney General & 3 others [2020] KEELC 3231 (KLR)
✦ The court does not have jurisdiction to grant the prayers in the application and the application is not merited.