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Civil Procedure [2025] KEELC 5333 (KLR)

Cementers Limited v Multichoice Kenya Limited

Cementers Limited v Multichoice Kenya Limited [2025] KEELC 5333 (KLR)

Court
Environment and Land Court
Case number
Environment and Land Case E174 of 2023
Judge
JA Mogeni

The court found that the dispute between the parties arose from a construction contract and not from issues relating to the use, occupation, or title to land. Applying the predominant purpose test, the court determined that the contract was for construction and not for the sale or use of land. The Environment and Land Court's jurisdiction is limited to land-related matters as set out in Article 162(2) of the Constitution and Section 13 of the Environment and Land Court Act. Since the dispute is commercial in nature and is already subject to ongoing arbitration proceedings, the Environment and…

Source excerpt

  • Jurisdiction Of Court
  • Preliminary Objection
  • Arbitration Clauses
  • Construction Contracts
  • Land Related Jurisdiction
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Commercial And Corporate [2025] KEHC 9499 (KLR)

Upperhill Chambers Limited v Nyana Engineering Company Limited

Upperhill Chambers Limited v Nyana Engineering Company Limited [2025] KEHC 9499 (KLR)

Court
High Court
Case number
Commercial Suit 273 of 2017
Judge
BM Musyoki

The High Court held that a contract rate of Kshs 11,000 per hour applied to five excavators as a unit, not per machine, and ordered repayment of overpaid sums.

  • Contract Interpretation
  • Construction Contracts
  • Unjust Enrichment
  • Quantum Meruit
  • Contract-interpretation
  • Construction-contracts
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Commercial And Corporate [2025] KEHC 7383 (KLR)

Trishcon Construction Co Ltd v Landmark Holdings Limited

Trishcon Construction Co Ltd v Landmark Holdings Limited [2025] KEHC 7383 (KLR)

Court
High Court
Case number
Civil Suit 179 of 2012
Judge
A Mabeya

The High Court awarded Trishcon Construction Kshs. 25,901,881 for unpaid work under a subcontract, but rejected its loss of user claim and dismissed the defendant’s counterclaim.

  • Construction Contracts
  • Breach Of Contract
  • Quantum Meruit
  • Final Account Settlement
  • Counterclaims
  • Equipment Detention
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Commercial And Corporate [2025] KEHC 5871 (KLR)

Zedka Technical Services Ltd v County Government of Uasin Gishu & 3 others

Zedka Technical Services Ltd v County Government of Uasin Gishu & 3 others [2025] KEHC 5871 (KLR)

Court
High Court
Case number
Civil Case 9 of 2016
Judge
JRA Wananda

The High Court awarded Zedka Technical Services interest on the certified Kshs 11,437,700 and costs, but found no proof for the extra Kshs 18 million claim.

  • Public Procurement
  • Breach Of Contract
  • Construction Contracts
  • Payment Certificates
  • Interest On Judgment Debt
  • Performance Bond
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Commercial And Corporate [2025] KECA 227 (KLR)

Kwale International Sugar Company Limited v Epco Builders Limited & 2 others

Kwale International Sugar Company Limited v Epco Builders Limited & 2 others [2025] KECA 227 (KLR)

Court
Court of Appeal
Case number
Civil Appeal 208 of 2020
Judges
DK Musinga, SG Kairu, JM Mativo

The Court of Appeal upheld dismissal of an application to stop an insolvency petition, finding the debt dispute was about quantum and the petition could proceed.

  • Insolvency Petitions
  • Statutory Demand Requirements
  • Arbitration Clauses
  • Construction Contracts
  • Jurisdiction Of Courts
  • Insolvency-petitions
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Commercial And Corporate [2025] KEHC 861 (KLR)

Pindoria Holdings Limited v Tyl Limited

Pindoria Holdings Limited v Tyl Limited [2025] KEHC 861 (KLR)

Court
High Court
Case number
Commercial Case 416 of 2015
Judge
JWW Mong'are

The High Court held that the defendant breached a construction contract by failing to pay certified interim sums, and entered judgment for the plaintiff.

  • Breach Of Contract
  • Construction Contracts
  • Contractual Interest
  • Interim Certificates
  • Burden Of Proof
  • Breach-of-contract
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Civil Procedure [2025] KECA 72 (KLR)

Multichoice Kenya Limited & 4 others v Inspector General of Police & 11 others

Multichoice Kenya Limited & 4 others v Inspector General of Police & 11 others [2025] KECA 72 (KLR)

Court
Court of Appeal
Case number
Civil Appeal E604 of 2023
Judges
PO Kiage, A Ali-Aroni, LA Achode

The High Court, sitting as a judicial review court, appropriately limited its inquiry to a process review, as the application was filed under Order 53 of the Civil Procedure Rules without alleging constitutional violations. The appellants failed to demonstrate that the decision to investigate, charge, and prosecute constituted an abuse of power or was motivated by improper purposes, particularly given the allowance of concurrent civil and criminal proceedings under Section 193A of the Criminal Procedure Code, as clarified by the Supreme Court in Dande.

Source excerpt

  • Judicial Review
  • Concurrent Civil And Criminal Proceedings
  • Abuse Of Process
  • Certiorari And Prohibition
  • Professional Liability
  • Construction Contracts
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Civil Procedure [2025] KEHC 328 (KLR)

Sasah Contractors Limited v Jaramogi Oginga Odinga of Science & Technology; Equity Bank Limited (Garnishee)

Sasah Contractors Limited v Jaramogi Oginga Odinga of Science & Technology; Equity Bank Limited (Garnishee) [2025] KEHC 328 (KLR)

Court
High Court
Case number
Civil Case E002 of 2023
Judge
DK Kemei

The High Court granted a stay of execution pending appeal, conditioned on the defendant depositing Kshs 74,502,736.02 into a joint interest-earning account.

  • Stay Of Execution
  • Garnishee Proceedings
  • Security For Due Performance
  • Public Institution Liability
  • Default Judgment
  • Construction Contracts
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Commercial And Corporate [2025] KEHC 159 (KLR)

Seyani Brothers and Company (K) Limited v Creative Innovations Limited

Seyani Brothers and Company (K) Limited v Creative Innovations Limited [2025] KEHC 159 (KLR)

Court
High Court
Case number
Commercial Case E543 of 2024
Judge
JWW Mong'are

The High Court held that the commercial dispute fell within an arbitration clause and struck out the suit for want of jurisdiction, with costs to the defendant.

  • Arbitration Clauses
  • Jurisdiction Of Court
  • Construction Contracts
  • Striking Out Suit
  • Arbitration-clause
  • Jurisdiction
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Commercial And Corporate [2024] KEHC 14131 (KLR)

Continental Homes Limited v Martova Limited

Continental Homes Limited v Martova Limited [2024] KEHC 14131 (KLR)

Court
High Court
Case number
Civil Case E019 of 2021
Judge
SM Githinji

The High Court at Malindi found the defendant breached a construction contract by delayed payment, awarded the plaintiff Kshs. 26,224,878.90 plus interest, and dismissed the counterclaim.

  • Construction Contracts
  • Breach Of Contract
  • Quantum Meruit
  • Injunctions
  • Counterclaims
  • Damages Assessment
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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.