Kenyan case law
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Rebecca Kaino Mutwol v Gabriel L. Bargechir & 2 others [2020] KEELC 3259 (KLR)
✦ The Court finds that the appellant has not proved her ownership of the suit land and that the conveyance was not tainted by fraud.
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M’Mbijiwe M’Mbwi (legal representative of Ikunyua Mbui v Land Adjudication Officer Meru Central & 3 others [2020] KEELC 3493 (KLR)
✦ The suit is dismissed as res judicata
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Mutiso v Mwinzi & another (Environment & Land Case 394 of 2014) [2020] KEELC 3989 (KLR) (26 February 2020) (Judgment)
✦ The court dismisses the plaintiff's claim and the 1st defendant's counterclaim against the 2nd defendant. The 1st defendant's claim against the 2nd defendant is dismissed with costs.
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Parikien Ole Naikuni Oseur v Agricultural Finance Corporation & another [2020] KEELC 3359 (KLR)
✦ The Sale Agreement dated 5th October, 2000 is admissible as it can be post-stamped and the 2nd Defendant can pay a fine for it.
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Mohamed Noor & 23 others v Seif Binsaid Properties Ltd (Environment & Land Case 24 of 2018) [2020] KEELC 2594 (KLR) (26 February 2020) (Judgment)
✦ The appeal is dismissed with costs. The Chairman’s order for the new rent to commence on 1 June 2018 and the order for costs of Kshs. 40,000/= per tenant are upheld.
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Dullo & 3 others v Cabinet Secretary Ministry of Lands and Physical Planning; County Government of Isiolo (Interested Party) (Petition 28 of 2019) [2020] KEELC 3230 (KLR) (26 February 2020) (Ruling)
✦ The court declines to grant the conservatory order at this stage due to the need to consider the full facts of the dispute, including the nature and extent of the amended notice.
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David Ngati & 4 others & others v Embakasi Village Craft Curios & Jua Kali Association & 11 others [2020] KEELC 3367 (KLR)
✦ The court agrees with the Defendants that they are entitled to the costs of the suit following the withdrawal of the suit except for the applications in which the court already awarded costs. Proceedings in ELC Case No. 63 of 2018 will be stayed until the costs in this suit are paid.
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Maria Goretti Muthoni Karuri (Legal Representative of Eustace Karuri Githenya) v Joreth Limited & 2 others [2020] KEELC 3401 (KLR)
✦ The court held that the deceased did not acquire title by adverse possession to the suit property.
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Njagi Kanampiu v Kellen Nchunguni Riungu & 3 others [2020] KEELC 3501 (KLR)
✦ The court granted the application and ordered the district land registrar/surveyor to visit the site and delineate, fix and ascertain the boundaries of the suit land.
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Rachael Wanjiku Tonui v Enes Shitachi Wekesa & 5 others [2020] KEELC 3445 (KLR)
✦ The plaintiff has not established a prima facie case, but the defendants are in possession of the suit land. The status quo is maintained, and the case is fixed for hearing on a priority basis.
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Mugumoini Farmers Company Limited v Inshwil Builders Engineers Limited; Ephraim Waithaka Ruitha & another ( Interested Parties) [2020] KEELC 7 (KLR)
✦ The Court grants the application and orders a temporary injunction prohibiting any interference, selling, or disposing of the suit property and its sub-divisions pending the hearing and determination of the main suit.
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Mosoito ole Koilel & 47 others v Sipoi Partei Ntiyia & 2 others [2020] KEELC 3297 (KLR)
✦ Application dismissed
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Njagi Kanampiu v Kellen Nchunguni Riungu & 2 others [2020] KEELC 3500 (KLR)
✦ The application is allowed, and the defendant is required to appear in court to explain why he should not be committed to jail for contempt of court.
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Phylis T. Kibet & another v Nicholas Kiprotich Tarus [2020] KEELC 3242 (KLR)
✦ The plaintiffs are the rightful owners of the suit land and the defendant fraudulently acquired it.
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Republic v Cabinet Secretary for Lands & 2 others; Paul Morombi Saoli (Representing Leposo Ole Saoli, Now Deceased) (Interested Party) Exparte Soitara Ole Saoli [2020] KEELC 2120 (KLR)
✦ The court granted the injunction sought by the applicant.
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Kimutai Lelei v Hosea Bittok & another [2020] KEELC 3315 (KLR)
✦ The application is allowed, and the eviction will be carried out during the day in a humane manner.
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Jeremiah Lasiti Koiikash v Parkurito Kuyo & 5 others [2020] KEELC 3244 (KLR)
✦ The court dismisses the application as the petitioner is indolent and fails to file and serve his submissions as directed by the court.
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Angata Bargoi Farmers Co-operative Society Ltd v Sinohydro Corporation Ltd [2020] KEELC 3409 (KLR)
✦ The court grants an injunction restraining the Defendant from excavating murram and constructing structures on the Plaintiff's land.
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Republic v Cabinet Secretary for Lands & 2 others; Paul Morombi Saoli (Representing Leposo Ole Saoli, now Deceased) (Interested Party); Ex Parte: Soitara Ole Saoli [2020] KEELC 2162 (KLR)
✦ Application for contempt of court dismissed with no orders as to costs
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Benedeta Cheruiyot Mabwa v William Rono [2020] KEELC 3515 (KLR)
✦ The application is dismissed with costs.
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Kenya Anti Corruption Commission v Aerial Developers Limited & 2 others [2020] KEELC 3164 (KLR)
✦ The application for a stay of execution and other orders is granted
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Elizabeth Wairimu t/a Momix Traders Africa v Jamii Bora Bank Limited (Environment & Land Case 24 of 2019) [2020] KEELC 3295 (KLR) (Environment and Land) (24 February 2020) (Ruling)
✦ The court finds that the plaintiff has demonstrated a prima facie case with a probability of success but has not satisfied the criteria for grant of mandatory injunction.
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Millicent Odero Owino v Stanely Thine Birithia & Another [2020] KEELC 3175 (KLR)
✦ The application is allowed, and the suit is reinstated.
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In re Estate of David Mbiti Kiganuu (Deceased) [2020] KEELC 3510 (KLR)
✦ The application is granted a stay of execution for six months, with a sunset provision, and the applicant is required to file an appeal within that period.
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Rantane Enole Shankori & 3 others v Edward Parsintei Pertet & 9 others [2020] KEELC 3464 (KLR)
✦ The court finds the application lacks merit and dismisses it with costs.