Kenyan case law
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Edward Kithela v Janice Kaundu [2014] KEHC 635 (KLR)
✦ The District Land Disputes Tribunal had jurisdiction to entertain and determine disputes over land registered under the Registered Land Act. The Provincial Land Disputes Appeals Committee erred in law in upholding the decision of the Meru North Land Disputes Tribunal and in failing to accept and appreciate that the respondent was provided for in the undistributed Estate of their deceased father.
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Auriel Marie Joy Kimemiah v Sammy Gitau Gedion & another [2014] KEHC 1223 (KLR)
✦ The Court found that the Respondents made material falsehoods in their Petition and Affidavits, including false information about the deceased's full name, date and place of death, and the number of children he had.
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David Ogutu Onda v Walter Ndede Owino [2014] KEHC 1979 (KLR)
✦ The court dismissed the plaintiff's claim as he failed to prove his claim against the defendant to the required standard.
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Johnie Michael Sullivan v George Adolph Sullivan & 4 others [2014] KEHC 1499 (KLR)
✦ The grant of letters of administration was not obtained in accordance with legal requirements.
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In Re George Waweru Wanjohi [2014] KEHC 727 (KLR)
✦ The application is granted, and the ex-parte judgment is reviewed.
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Middle East Bank Kenya Ltd v Prisko Petroleum Network Ltd & 5 others [2014] KEHC 743 (KLR)
✦ The court entered judgment on admission for the plaintiff in the sum of Kshs.39,544,065.91 plus contractual interest up to the date of payment.
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Francis Osoro Marko v Johnson Kemoni & another [2014] KEHC 1973 (KLR)
✦ The court dismissed the plaintiff's application and ordered each party to bear their own costs.
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James Mutahi Kihuri v Stephen Kibira Kihuri (A) & 3 others [2014] KEHC 2133 (KLR)
✦ The application is dismissed. The interim orders are discharged.
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Christopher Mudi & 2 others v Nation Media [2014] KEHC 1232 (KLR)
✦ The plaintiff's claim for defamation cannot succeed as the headings of the articles as pleaded in the plaint are not defamatory.
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Daniel Lemomo Matunge v Joseph C. Supeyo Tumpes [2014] KEHC 1930 (KLR)
✦ The counterclaim is valid as it sets out the content of the claim against the plaintiff.
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BM Logistics Ltd v Kenya National Bureau of Statistics & another [2014] KEHC 730 (KLR)
✦ The application is granted
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In re K.R (Minor) [2014] KEHC 611 (KLR)
✦ The court allows the applicants' application for adoption. The applicants, A M M and M M N, are hereby allowed to adopt Baby K R. The child shall be known as D M M. Her date of birth shall be 8th October 2012. Her place of birth shall be Molo, Kenya. She is presumed to be a Kenyan citizen by birth. W M, a sister to the 1st applicant, shall be the legal guardian of the child should such eventuality arise.
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Peter Mburu Burugu v Margaret Njeri Mburu [2014] KEHC 8380 (KLR)
✦ The Plaintiff's actions do not constitute a breach of the court order.
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Sacapheso International Limited v Eversweet Bakery Limited [2014] KEHC 181 (KLR)
✦ The court declines to grant the plaintiff's application for a temporary injunction and instead orders that neither party shall sell, transfer, lease, charge or carry out any form of development on the suit property pending the hearing and determination of the suit.
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Republic v Chief Magistrate's Court At Nakuru & 2 others Ex-Parte: Wilson Kabira Ndungu [2014] KEHC 1018 (KLR)
✦ The court found that the lower court's decision was not made in excess of jurisdiction and did not act arbitrarily. The court upheld the lower court's decision.
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In the Matter of B.S.W (Minor) [2014] KEHC 1501 (KLR)
✦ The court allows the applicants' application for adoption and orders that Baby S W be adopted by E W O J and J W M. The child shall be known as S N J and J W M will be her legal guardian if necessary.
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In re A E (Baby) [2014] KEHC 1438 (KLR)
✦ The court allows the applicants' application for adoption. The applicants, J W K and J W W, are hereby allowed to adopt Baby A E. She shall be known as S A M. Her date of birth shall be 30 January 2011. She is presumed to be a Kenyan citizen by birth. A K K and M W M, the brother in law and sister to the 2nd applicant, shall be the legal guardians of the child should such eventuality arise.
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Rongo Land Disputes Tribunal & 2 others v Elisha Okoth Otieno Ex Parte :Jared Otieno Aoko [2014] KEHC 1990 (KLR)
✦ The decisions of the Rongo Land Disputes Tribunal and the Senior Resident Magistrate’s Court are quashed, and the land registrar’s decision to implement the decree is also quashed.
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Daniel Magondu Mutegi v Joseph Mugao Makunyi [2014] KEHC 1789 (KLR)
✦ Allow the Appellant to continue being in possession on the subject portion of land he is holding.
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Agnes Syombua Masila & another v Ignatus Chege Mwangi [2014] KEHC 1950 (KLR)
✦ The court held that the suit property was not fraudulently excised from Plot No. 232 and dismissed the plaintiffs' suit.
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Lucy Bosire v Nyankoni Manga Robi [2014] KEHC 1988 (KLR)
✦ The court finds in favor of the plaintiff on the main claim and against the defendant on the counter-claim, granting the plaintiff a declaration of ownership and ancillary reliefs.
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Simon Gashwe Mukuha v Newton Kagira Mukuha (Succession Cause 92 of 2011) [2014] KEHC 1110 (KLR) (31 October 2014) (Ruling)
✦ The Petitioner is the registered owner of NAIVAS LTD shares and is fit to administer the estate.
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Jacob Mwanto Wangora v Mary Waruga Wokabi & 3 others [2014] KEHC 8365 (KLR)
✦ The court finds that Wangora has shown a prima facie case of adverse possession and allows the application for a temporary injunction and order inhibiting registration of dealings with the suit properties.
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Saaka Saaka Community Internally Displaced Persons Group v Ministry of State for Special Programmes & another [2014] KEHC 1507 (KLR)
✦ The petition is dismissed as the petitioner has no legal standing to institute the proceedings in its own name.
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Republic v Etago Division Land Disputes Tribunal & 2 others Ex-Parte Julius Nyamari - Chairman Ruora D.E.B Primary School [2014] KEHC 1959 (KLR)
✦ The 1st respondent had no jurisdiction to determine disputes over ownership and title to land, especially when the land was registered in the name of a deceased person. The 1st respondent's decision was a nullity, and the 3rd respondent could not adopt it as a judgment of the court.