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Kenya decisions
Decisions matching the current search
The High Court granted an interim order preserving KES 4 million in anti-corruption fines pending trial of an advocate's suit to enforce a legal fee agreement, finding a prima facie case and irreparable risk to recovery.
The High Court struck out a bank borrower's suit over alleged interest overcharging as time-barred. A contract claim accrues on breach, and discovery of the overcharge did not postpone limitation because fraud or mistake was not pleaded.
The High Court granted a limited interim injunction under Section 7 of the Arbitration Act, restraining dealings in Apartment C12 at Duchess Park pending the stalled arbitration between purchasers and vendor.
The High Court declined to stay a Magistrate's order requiring Lin-Cap Credit to deposit Kshs 5,725,000 pending appeal, discharging the interim stay and extending the deposit period by thirty days.
Interlocutory ruling granting a temporary injunction against a bank's statutory sale of charged Nairobi land, as the bank failed to prove service of the 40-day Notice to Sell under Section 96(2) of the Land Act.
The High Court dismissed the borrowers' bid to temporarily stop a bank's power-of-sale over their Nairobi apartment, finding no prima facie case under the in duplum rule.
The High Court dismissed the Assets Recovery Agency's bid to forfeit funds held by an escrow advocate, finding the money originated from an innocent victim of a fraudulent mineral sale.
On consolidated first appeal, the High Court dismissed appeals against a Bondo magistrate's judgment finding carriers liable for 349 missing bags of fish feed lost in transit by their driver.
The High Court refused interlocutory and mandatory injunctions restraining a South African wine supplier from ending its Kenyan distributorship, and dismissed a contempt application over unfulfilled purchase orders.
Kenya High Court rejects advocate's objection that an arbitration clause in a gold sale agreement ousts jurisdiction over enforcement of his personal professional undertaking, and finds the objection untimely.
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