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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 appeal from a magistrate's decision on an oral 1994 land sale of Plot No. 2240 Kapluk was dismissed, with costs to the respondent.
The High Court dismissed a parents' constitutional petition challenging a 6% private school fee increase, holding the dispute was essentially contractual and no violation of Articles 43, 46, 47 or 53 was proven.
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.
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.
Kenyan High Court held that a binding sale contract existed but the buyer failed to prove the shipped consignments were non-conforming, so the seller recovered USD 376,644.70 and the lost-profit counterclaim was dismissed.
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.
Eldoret ELC dismissed the Defendant's preliminary objection on sub judice and res judicata grounds, holding it was not a pure point of law and that costs abide the main suit.
The High Court allowed an appeal against an interlocutory default judgment for KES 12 million, finding that proper service of summons had not been satisfactorily established and that the judgment was therefore irregular.
On appeal from the Small Claims Court, the High Court held that the trial magistrate exceeded the sub judice preliminary objection by deciding an unpleaded illegality issue suo motu without hearing the parties, breaching the right to a fair hearing. The Ruling was set aside and the claim remitted.
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