Kenya Case Law

Starryway Trading & Shipping Company Ltd v Et Timbers PTE Limited & another

Starryway Trading & Shipping Company Ltd v Et Timbers PTE Limited & another [2023] KECA 1323 (KLR)

Court

Court of Appeal

Case number

Civil Appeal E121 of 2022

Judges

P Nyamweya, JW Lessit, GV Odunga

The Court of Appeal held that the trial court properly exercised its discretion in declining to join the appellant as an interested party to the in rem admiralty proceedings. The appellant failed to demonstrate that its presence was necessary for the effectual and complete adjudication of the issues between the 1st and 2nd respondents, or that the orders sought would legally affect its interests in a manner justifying joinder. The appellant's claim was in personam and the subject of separate arbitration proceedings in London, whereas the High Court proceedings were in rem against the vessel.…

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• Joinder Of Parties
• In Rem Vs In Personam
• Contractual Lien
• Stay Of Proceedings
• Arbitration Clauses

Otundo & 5 others v Creek Development & Development Limited

Otundo & 5 others v Creek Development & Development Limited [2023] KECA 500 (KLR)

Court

Court of Appeal

Case number

Civil Application E069 of 2022

Judges

P Nyamweya, JW Lessit, GV Odunga

The Court of Appeal granted a conditional stay of execution pending appeal, requiring the applicants to deposit Kshs 6 million within 60 days.

• Stay Of Execution
• Sale Of Land
• Vacant Possession
• Mesne Profits
• Contractual Lien
• Stay-of-execution

Minet Kenya Insurance Brokers Limited v G4S Data Solutions Limited & another

Minet Kenya Insurance Brokers Limited v G4S Data Solutions Limited & another [2022] KEHC 10329 (KLR)

Court

High Court

Case number

Commercial Civil Suit E823 of 2021

Judge

A Mshila

The court found that the parties were bound by an arbitration clause and that the dispute over payment and access to documents should be referred to arbitration. However, the applicant demonstrated special circumstances justifying interim protection: denial of access to specific pension files would irreparably harm its business and third parties not party to the contract. The court held that granting access to copies of the specified documents, while allowing the respondent to retain originals under lien, would preserve the status quo and not prejudice the arbitral process. The interim measur…

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• Arbitration Agreements
• Interim Measures
• Mandatory Injunctions
• Contractual Lien
• Document Retrieval
• Stay Of Proceedings

4MB Mining Limited v Misnak International (UK) Limited,CJ ICM Group & Rohlig Projects Limited

4MB Mining Limited v Misnak International (UK) Limited,CJ ICM Group & Rohlig Projects Limited [2021] KEHC 560 (KLR)

Court

High Court

Case number

Civil Case 22 of 2020

Judge

AW Mwangi

The court found that although the contract between the parties referenced BIFA Standard Trading Conditions, the core dispute arose in Kenya, specifically at the Port of Mombasa, and involved the application and interpretation of Kenyan law, including the East African Community Customs Management Act. The court held that Kenyan courts have jurisdiction to hear the dispute, as the performance and alleged breach occurred within Kenya, and the exclusive jurisdiction clause in favor of English courts did not oust the jurisdiction of Kenyan courts in these special circumstances. The court further h…

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• Exclusive Jurisdiction Clauses
• Contractual Lien
• Freight Forwarding Disputes
• Abuse Of Process
• Res Judicata
• Customs And Transit Law

Hunkar Trading Company v Total Kenya Ltd

Hunkar Trading Company v Total Kenya Ltd [2017] KEHC 84 (KLR)

Court

High Court

Case number

Civil Suit 111 of 2017

Judge

F Tuiyott

Interlocutory ruling on whether Total Kenya could retain Hunkar’s LPG cylinders as a lien for disputed debts under the Exchange Pool Agreement.

• Injunctive Relief
• Contractual Lien
• Lpg Exchange Pool
• Statutory Obligations
• Unfair Competition
• Injunctive-relief

AUTOLITHO LIMITED V DHL GLOBAL FORWARDING KENYA LIMITED

AUTOLITHO LIMITED V DHL GLOBAL FORWARDING KENYA LIMITED [2012] KEHC 3664 (KLR)

Court

High Court

Case number

Civil Case 309 of 2010

Judge

DK Musinga

The High Court granted a stay of execution pending appeal over an order to release a detained container, finding the intended appeal could be rendered nugatory.

• Stay Of Execution
• Right Of Appeal
• Contractual Lien
• Interlocutory Orders
• Stay-of-execution
• Appeal-rights

Kenya Bus Service (MSA) Ltd v CMC Motors Group Ltd

Kenya Bus Service (MSA) Ltd v CMC Motors Group Ltd [2000] KEHC 561 (KLR)

Court

High Court

Case number

Civil Suit 547 of 1999

The High Court ordered Kenya Bus Service to return 13 buses it had forcibly retaken from CMC Motors’ yard, holding that self-help illegal conduct could not define the status quo.

• Injunctive Relief
• Repossession Of Goods
• Contractual Lien
• Status Quo Orders
• Consent Orders
• Counterclaims