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Kenya decisions
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Gicimu v Miano [2025] KEHC 7835 (KLR)
The High Court dismissed a civil appeal over loan liability, finding the appellant had benefited from the loan proceeds and remained liable on the facts.
Mutiso v Nzibu & another [2025] KEHC 5593 (KLR)
The High Court at Machakos dismissed a bank’s application to review earlier orders, finding no error, new evidence, or sufficient reason to reopen the judgment.
Kanisa Regulated Non-WTD Savings and Credit Cooperative Society Limited v Martin & another [2025] KECPT 258 (KLR)
The tribunal found that the application to strike out the 2nd respondent was premature because the issues raised—whether the caveat was withdrawn and whether the 2nd respondent is no longer the registered owner of the collateral motor vehicle—are matters of evidence that can only be properly interrogated at trial. The tribunal emphasized that the power to strike out a party should not be exercised where the determination of the application would require the court to delve into the merits of the case or evaluate contested evidence. As such, the application lacked merit and was dismissed with c…
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Canva Trading Kenya Ltd Mombasa v Onyango [2022] KEMSET 765 (KLR)
The Tribunal partly allowed a loan recovery claim, finding the respondent owed Ksh 31,600 after crediting payments and applying 8 months’ interest, with each party bearing its own costs.
Canva Trading Kenya Ltd Mombasa v Nyambega [2022] KEMSET 230 (KLR)
The tribunal held that a loan was made by the claimant company, reduced the disputed interest as unconscionable, ordered return of the respondent’s ID, and awarded part costs.
Aziz Ebrahim v Ramzan Ebrahim [2020] KEHC 1707 (KLR)
The High Court held that two 1995 memoranda were valid and enforceable, found the plaintiff partly performed, and ordered reconciliation of accounts and transfer-related relief.
PETER OWUOR OTULA V ECOBANK KENYA LIMITED & 3 OTHERS [2012] KEHC 1414 (KLR)
The High Court granted a temporary injunction restraining sale of the plaintiff’s land, finding a prima facie case over disputed charge documents and notice service.
MATHEWS T. OKETCH v KENNETH ODHIAMBO OJWANG [2009] KEHC 4008 (KLR)
The court found that the plaintiff failed to establish a prima facie case with a probability of success because the agreement between the parties did not provide for enforcement through the Disposal of the Uncollected Goods Act, and the plaintiff could not simultaneously enforce the agreement under both the contract terms and the Act. Furthermore, any damage suffered by the plaintiff due to the defendant's default could be adequately compensated by an award of damages, as the loss was quantifiable in monetary terms. Therefore, the plaintiff did not meet the threshold for the grant of a tempor…
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Pop In Kenya Limited & 3 others v Habib Bank A. G. Zurich [2006] KEHC 3180 (KLR)
The High Court upheld a bank’s receiver appointment and statutory sale after default on a debenture-secured loan, dismissing the plaintiffs’ claims with costs.
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