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Commercial law [2026] KEHC 13670 (KLR)

David Ananda Apollo Odera v Absa Bank Kenya PLC

Court
High Court
Case number
Commercial Case E166 of 2026

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.

  • Preliminary objections
  • Limitation of actions in contract
  • Section 4(1)(a) limitation of actions act
  • Section 26 limitation of actions act (fraud or mistake)
  • Pleading of fraud and mistake
  • Overcharging of interest on bank loan
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Civil procedure [2026] KEMC 836 (KLR)

Owuor (Suing as administrator of the Estate of Robert Owuor Otieno – Deceased) v H Young & Co (EA) Ltd & 3 others

Court
Magistrate's Court
Case number
Civil Case 592 of 2019
Judge
EM Mwamuye

The Mombasa court refused leave to sue two intended defendants out of time in a fatal road accident claim, finding the applicant's own documents showed the ownership facts were known by August 2024, yet the application came only in January 2026.

  • Extension of limitation period under section 27 limitation of actions act
  • Statutory conditions for extension (ignorance of material facts of a decisive character)
  • Actual and constructive knowledge of material facts
  • Joinder of intended defendants out of time
  • Ownership of motor vehicles and trailers as evidence of liability
  • Effect of late-filed draft pleadings
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Commercial law [2026] SCC 117 (KLR)

George v Dutch Water Limited

Court
Small Claims Court
Case number
Commercial Case E053 of 2026
Judge
TN Mwangeka

The Small Claims Court struck out a claim for office items valued at Kshs. 1,673,180 arising from a 2012 renovation contract, holding it time-barred under the six-year limitation for contract claims.

  • Jurisdiction
  • Limitation of actions act s.4(1)(a) six-year limitation for contract claims
  • Pleadings and submissions distinction
  • Tort of conversion
  • Tort of detinue
  • Ownership of excess materials under contract
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Civil procedure [2026] KEHC 2258 (KLR)

Devshibhai & Sons Limited v Madoka

Court
High Court
Case number
Civil Case E151 of 2025
Judge
SN Mutuku

The High Court dismissed a preliminary objection that a Kshs. 26.9 million contract debt suit was time barred, finding that a 7 March 2025 email from the defendant's advocate acknowledged the debt and restarted limitation.

  • Preliminary objections
  • Statute of limitation - contract claims (six years)
  • Acknowledgment of debt reviving limitation
  • Electronic communications as written acknowledgment
  • Advocate acting on client instructions
  • Preliminary-objections
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Land law [2026] KEELC 394 (KLR)

Munyao (Suing as the Legal Representative of the Estate of Patrick John Matheka) v Kitele & 2 others

Court
Environment and Land Court
Case number
Environment and Land Case Civil Suit 40 of 2018
Judge
AY Koross

The plaintiff sought to impeach a 2006 transfer of land in Machakos as fraudulent, claiming a 1985 sale to his deceased brother. The court dismissed the suit for failure to prove fraud.

  • Impeachment of title for fraud
  • Protection of registered title under section 24 land registration act
  • Pleading and particulars of fraud under order 2 rule 4 cpr
  • Burden and standard of proof for fraud
  • Limitation of actions in fraud (section 26 limitation of actions act)
  • Probate and transmission of estate land to beneficiaries
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Environment and land law [2026] KEELC 415 (KLR)

Mwita v Nyanchwari

Court
Environment and Land Court
Case number
Environment and Land Appeal E028 of 2024
Judge
FO Nyagaka

The Environment and Land Court dismissed the appeal of a registered landowner who sought to evict a purchaser of six hectares for trespass. The court held trespass was not proved and the claim to recover the land was time-barred.

  • Trespass to land
  • Permanent injunction
  • Burden and standard of proof
  • Written sale agreements for land
  • Limitation of actions over contracts and recovery of land
  • Permissive occupation and adverse possession
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Civil procedure [2026] KEHC 1129 (KLR)

Azima Sacco Society Limited v Mungai

Court
High Court
Case number
Civil Case E002 of 2025
Judge
FN Muchemi

The High Court at Thika upheld a preliminary objection and struck out a Sacco's negligence and fraud claim for Kshs. 25 million as time-barred, holding that section 27 does not extend limitation for non-personal-injury tort claims.

  • Preliminary objection
  • Limitation of actions
  • Time-barred tort claims
  • Negligence
  • Fraud and postponement of limitation period
  • Extension of time for personal injury claims
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Land law [2026] KEELC 587 (KLR)

Thomas & another (Suing as the administrators of the Kamondia Muchene) v Ng’ang’a (Sued as the administrator of the Estate of Rahab Kibui Ng'ang'a)

Court
Environment and Land Court
Case number
Environment and Land Miscellaneous Case E182 of 2025
Judge
J Omange

Ruling allowing administrators of an adverse possession judgment to trace or reconstruct a lost 1976 court file so that transfers of two Kabete land parcels can be executed despite limitation and an intervening transfer.

  • Execution of judgments
  • Adverse possession
  • Limitation of actions (section 4(4) limitation of actions act)
  • Declaratory and vesting judgments in land
  • Effect of transfer during adverse possession
  • Reconstruction of lost court records
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Land law [2026] KEELC 371 (KLR)

Ongowo v Omboto

Court
Environment and Land Court
Case number
Environment and Land Appeal E020 of 2025
Judge
FO Nyagaka

On appeal, the court addressed a mistaken occupation of parcels 541 and 1417 in Kasipul, considering eviction orders, the Limitation of Actions Act and overriding interest, and allowed the defendant's appeal.

  • Trespass to land
  • Mutual mistake in land occupation
  • Permanent injunction and eviction
  • Adverse possession and limitation of actions
  • Overriding interest and bona fide purchaser for value
  • Rectification of land register
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Civil procedure [2026] KEHC 317 (KLR)

Kanyira v Kimani alias John M Kimani & another

Court
High Court
Case number
Civil Miscellaneous Application E038 of 2025
Judge
LN Mutende

The High Court granted leave under section 27 of the Limitation of Actions Act for a road traffic negligence and personal injury claim to proceed out of time, finding the delay satisfactorily explained.

  • Extension of limitation period for personal injury claims
  • Section 27 limitation of actions act
  • Negligence and road traffic accident claims
  • Knowledge of material facts of decisive character
  • Inordinate delay and prejudice to defendants
  • Limitation-of-actions
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About this LexChat collection

Kenya decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.