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Kenya decisions
Decisions matching the current search
Ethics & Anti-Corruption Commission v Mukuria & 7 others [2024] KEHC 11283 (KLR)
The High Court dismissed and struck out multiple defendant applications seeking review of prior orders, and found one evidentiary challenge premature at the pre-trial stage.
Mamboleo Women Group Co-opertative Society Limited v Ngeno & 9 others [2024] KEELC 1397 (KLR)
The court found that the defendants/applicants' failure to attend the hearing on 5th October, 2023 was due to an excusable mistake arising from miscommunication by their counsel. The court emphasized the need to uphold substantive justice and prevent injustice resulting from inadvertent errors. While noting the defendants/applicants' previous non-compliance with cost orders, the court exercised its discretion to set aside the proceedings and orders of 5th October, 2023, and to reopen both parties' cases for hearing. The court, however, imposed costs on the defendants/applicants and required c…
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Mkongo v Jitegemee Sacco Society Limited [2023] KEELRC 1151 (KLR)
The court set aside a dismissal for non-attendance after a virtual hearing problem, but gave the claimant a final six-month window to prosecute the suit.
Kinyanjui v Karumi; Mbuthia & 2 others (Interested Parties) [2023] KEELC 17036 (KLR)
The Environment and Land Court set aside a prior order awarding Ksh 10,000 in adjournment costs against the 3rd interested party after finding evidence of service was uncontroverted.
Namwiba v Wafula ((Suing on his own behalf and on behalf of) Victor Kanenje Wafula) [2022] KEELC 12787 (KLR)
The Environment and Land Court dismissed an appeal challenging refusal to set aside an ex parte judgment, finding no basis to interfere with the magistrate’s discretion.
Mkongo v Jitegemee Co-operative Savings and Credit Society Limited Alias Jitegemee Sacco Society Limited Cs -1834 (sued through his represenatives on its behalf being The Chairman, Abdalla Nguyu, The Vice Chairman, Matano Rashid, The Secretary, Dola Mbale, Treasurer Athuman Athuman) [2022] KEELRC 1567 (KLR)
The court set aside a dismissal for non-attendance, but required the claimant to pay outstanding adjournment costs and prosecute the suit within six months.
Edward Nyongesa Ndeke v Sila Ambatia Ayieko, B Mutimba & Francis Mwaura [2022] KEELC 244 (KLR)
The court allowed the 2nd Defendant to file a late witness statement after close of the Plaintiff’s case, but ordered him to pay the costs caused by the delay.
Jackson Nthuku Mutiso v Tanathi Water Services Board, Kitui Water And Sanitation Company & Chief Officer, Ministry Of Agriculture, Water And Irrigation, County Government Of Kitui [2021] KEELRC 928 (KLR)
The court dismissed a recusal application, finding no substantive basis for bias. It also deferred the hearing and awarded Kshs. 1,000 adjournment costs against the 2nd respondent.
Jackson Nthuku Mutiso v Tanathi Water Services Board, Kitui Water and Sanitation Company & Chief Officer,Ministry of Agriculture, Water and Irrigation, County Government of Kitui [2021] KEELRC 1129 (KLR)
The court dismissed an application to recall the claimant for cross-examination, finding it would delay final disposal and had not been timely pursued.
Mansukhalal Jesang Maru v Frank Wafula [2019] KEELC 948 (KLR)
The court dismissed a defendant’s application for stay of proceedings pending appeal, finding it was aimed at delaying a long-running land suit and lacked merit.
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