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Kenya decisions
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M’Rutere v Kobia [2025] KEELC 5124 (KLR)
The court allowed joinder of Grace Kanyua Munjuru as 2nd defendant and granted leave for her to file a counterclaim and related pleadings.
Wafula (Suing as the Legal and Personal Representative of the Estate of the Late Patrick Mapango Wafula) v Wabule & another [2025] KEELC 5098 (KLR)
The court found that the appeal was incompetent and a nullity ab initio because it was brought against a deceased party, contrary to established legal principles. The appellant was aware of the death of the 1st respondent but failed to amend her pleadings or pursue citation proceedings against the estate, rendering both the counterclaim and the appeal fatally defective. On the substantive land dispute, the court held that the appellant failed to prove any registrable or overriding interest in the suit land, as her claim was based on unperfected agreements and lacked evidence of fulfillment of…
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Mwangi (Suing on Behalf of the Estate of Mbuthia Mwangi alias Gachiri Mbuthia) v Gachiri [2025] KEELC 4903 (KLR)
The court set aside a dismissal for want of prosecution and reinstated the land suit, but only on strict conditions including compliance steps and KES 200,000 costs.
Shariff v Kanana & another [2025] KECA 1255 (KLR)
The Court of Appeal held that the respondents failed to prove adverse possession over the suit property, set aside the trial judgment, and restored the appellant’s title claim.
Morara t/a Ladder Publications & another v Longhorn Publishers PLC [2025] KEHC 9251 (KLR)
The High Court dismissed a small claims appeal over an unpaid books debt, holding the appellants failed to prove alleged returns or unauthorized transactions.
Sobetra Uganda Limited v Stanbic Bank Kenya Limited & another [2025] KEHC 9077 (KLR)
The court found that the plaintiff had established a prima facie case for injunctive relief, as the vehicles subject to attachment were essential for ongoing contractual obligations and their loss would cause irreparable harm not compensable by damages. The court noted that both parties agreed the loan facilities were to be repaid from proceeds of specific contracts, which had not yet been paid, and that allowing execution would undermine the plaintiff's ability to perform and generate the funds needed to settle the debt. The court therefore granted the injunction, conditional on the plaintif…
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Njer v Kenya Commercial Bank Limited & another [2025] KEHC 8705 (KLR)
The Plaintiff admitted the existence of the debt and default in repayment but failed to substantiate claims of excessive or unlawful charges, unconscionable interest rates, or improper computation of the outstanding amount. The 1st Defendant demonstrated, through documentary evidence and credible testimony, that all requisite statutory notices were served on the Plaintiff in accordance with the Land Act and Auctioneers Rules. The Plaintiff's denials regarding service were found to be evasive and lacking candour. The court held that computation of notice periods must be based on calendar days,…
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Ngugi v Mwangi [2025] KEELC 4502 (KLR)
The Environment and Land Court dismissed an appeal challenging the respondent’s title to land, finding fraud was not properly pleaded or proved.
Bigogo v Marita & others [2025] KEELC 4446 (KLR)
The Environment and Land Court at Kisii ordered that a land dispute should start de novo after joinder of new parties and amended pleadings introduced fresh issues.
Mbugua (Suing as the Administrator of the Estate of George Mbugua Kirori - Deceased) v Commissioner General of Prisons & 2 others; National Land Commission (Interested Party) [2025] KEELC 4117 (KLR)
The court found that the suit land was part of Thika Prisons land, reserved for public use since 1954 and confirmed by gazette notices in 1968. There was no evidence that the land had been degazetted or that its user had changed from public to private. The Commissioner of Lands lacked authority to allocate the land to private individuals, rendering the allocation to Margaret Wambui Ngugi and subsequent transfer to the plaintiff illegal, null, and void. The plaintiff failed to demonstrate compliance with the legal requirements for alienation of public land, including the existence of a valid P…
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