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Kenya decisions
Decisions matching the current search
First appeal over a hire-purchase financing dispute: the court upheld a valid restructuring agreement, set aside damages and injunction orders, and remitted the counterclaim for accounting.
The claimant failed to prove a Kshs. 84,000 debt in the Small Claims Court, while the respondent proved part of his counterclaim for Kshs. 6,000.
High Court granted stay of execution pending appeal, finding the appeal arguable, the application timely, and the appellant had complied with the security order.
The court awarded MCB USD 6.5 million against Jade Petroleum only, holding subrogation supported reimbursement, but the guarantors were not liable without proof of contractual demand.
The High Court held the appeal raised points of law, found contractual privity through agency, upheld the conditional refund order, and set aside the post-judgment reporting direction.
The High Court dismissed COFEK’s petition over the Stanbic Yetu Festival, finding the alleged Article 46 violations were not proved with admissible evidence.
The court upheld a land sale agreement, found no proved forgery or illegality, and ordered specific performance against the defendants.
The High Court dismissed a constitutional petition over termination of an exclusive distributorship, holding it lacked jurisdiction because leave was not first sought to serve the foreign respondent.
The High Court upheld a preliminary objection, holding that the petition was a commercial dispute in constitutional clothing and that the petitioner lacked standing.
The High Court dismissed an appeal over a real estate commission dispute, holding the company lacked proper authority to sue and the agreement was illegal for want of a valid agent’s licence.
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