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Kenya decisions
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Buluma v Buluma & 2 others [2025] KEELC 4887 (KLR)
The court refused to strike out a late defence to a counter-claim, finding the delay caused no shown prejudice. The motion was dismissed with costs to the 1st Defendant.
Ololabura & another v Kilusu & 2 others [2025] KEELC 4278 (KLR)
The court allowed the 1st defendant to amend his defence and add a counter-claim, holding that the suit had not been heard and no prejudice to the plaintiffs was shown.
Marete & 2 others v Githere & 2 others [2025] KEELC 4137 (KLR)
The court allowed consolidation of two land matters involving the same parties and subject matter, and directed conversion of the originating summons into a plaint.
Muchemi v Attorney General & 3 others [2025] KEELC 4054 (KLR)
The court found that the plaintiff established her root of title through a certificate of lease, letter of allotment, transfer documents, and payment receipts, all emanating from government offices and unchallenged by the defendants. The defendants failed to adduce any credible evidence or call witnesses from the Ministry of Lands or Thika Municipality to prove their allegations of fraud, illegality, or that the land was reserved for Prisons. The court held that mere allegations, unsupported by evidence, could not defeat the plaintiff's registered title. The plaintiff's land was not listed am…
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Orwenyo v Ngovu & 2 others [2025] KEELC 2884 (KLR)
The Plaintiff failed to discharge the burden of proof by not providing sufficient evidence to demonstrate the payment of the purchase price to the 2nd and 3rd Defendants, the authority of the person who signed the sale agreement on behalf of the 2nd Defendant, or the current market value of the property. Consequently, the claims for refund and damages failed.
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Mburu & another v Shah [2025] KEHC 4012 (KLR)
The High Court dismissed an appeal over Kshs. 2,206,000 awarded on bounced cheques, upheld the respondent’s standing, and found no proved counter-claim.
Nile Hauliers Ltd v Busia Outgrowers Company Limited & another [2025] KECA 483 (KLR)
The Court of Appeal upheld a finding that Nile Hauliers breached a tractor lease by terminating without notice and confirmed the hire-charge award, less repair costs.
Mayfair Establishments Limited v Taib (Sued as the Legal Representative of the Estate of Sheikh Ali Taib Bajaber - Deceased) & 3 others [2025] KEELC 1019 (KLR)
The court reviewed and set aside its earlier ruling after finding an error on the face of the record and a procedural issue with the counter-claim amendment.
Masters Sweet Limited v Oshwal Education and Relief Board [2025] KEHC 1282 (KLR)
The High Court dismissed an appeal over termination of a canteen licence, holding the appellant had not strictly proved special damages or wrongful retention of property.
Ong’era v SBM Bank (Kenya) Limited [2025] KEELRC 816 (KLR)
The court held the redundancy was lawfully carried out, dismissed the claimant’s unfair termination claim, and allowed the bank’s counterclaim for unpaid staff loans.
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