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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.
The High Court allowed an appeal from the Small Claims Court, faulting the trial court for shifting the burden of proof and accepting unproven expense claims.
Kagali v Yalaist & another (Environment and Land Appeal E021 of 2024) [2026] KEELC 5364 (KLR) (31 August 2026) (Judgment)
The appeal was partly allowed. The court upheld refusal of specific performance and cancellation of title, but added Kshs. 170,000 for proved litigation expenses.
Mediheal Hospital & Fertility Centre Ltd v NCBA Bank Kenya PLC & 2 others (Commercial Case E003 of 2024) [2026] KEHC 13176 (KLR) (31 August 2026) (Judgment)
The High Court held NCBA Leasing LLP owned the medical equipment, found the plaintiff in breach of the lease, and set aside irregular March 2024 repossession proclamations.
Said & another v Mbarak (Environment and Land Case 12 of 2020) [2026] KEMC 806 (KLR) (27 August 2026) (Judgment)
The Court held that Salim Idha Mbarak was not personally bound by Mohamed Idha Mbarak's lease obligations because he was not the contracting lessee and was not shown to be Mohamed's legal representative. The Court therefore declined to nullify the lease against Mohamed's estate in proceedings where the estate was not properly represented, but found that Salim had no independent personal right to occupy the property, entitled the Plaintiffs to vacant possession, awarded KShs. 100,000 as general damages for trespass, and rejected mesne profits for lack of proof.
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