Kenya Case Law

Ondora v Ondoro

Ondora v Ondoro [2025] KEELC 5387 (KLR)

Court

Environment and Land Court

Case number

Land Case E007 of 2023

Judge

AE Dena

The court found that the plaintiff established, on a balance of probabilities, that the suit property North/Ugenya/Doho/169 was family land prior to registration, occupied and used by both wives and their children, and that the defendant, though registered as proprietor, held the portion occupied by the plaintiff and her children in trust for them. The evidence showed the land was divided and used as two equal halves, and the defendant's registration was due to intervening circumstances, not an intention to exclude the plaintiff. The court applied the principles of customary and constructive…

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• Customary Trusts
• Family Land Disputes
• Constructive Trust
• Land Registration
• Overriding Interests
• Equitable Remedies

Kahuna Construction Limited v Equity Bank (Kenya) Limited

Kahuna Construction Limited v Equity Bank (Kenya) Limited [2025] KEHC 9623 (KLR)

Court

High Court

Case number

Civil Suit E189 of 2023

Judge

MA Otieno

The Plaintiff failed to establish a prima facie case with a probability of success, as the default in loan repayment was admitted and the only justification offered was financial hardship, which does not suffice for equitable relief. The Plaintiff also failed to comply with a prior court order requiring a deposit as a condition for interim relief, further undermining its claim to equitable remedies. The court found that the property in question, being charged as security for a loan, is liable for sale upon default, and any loss can be compensated by damages. The balance of convenience favoure…

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• Interlocutory Injunctions
• Loan Default
• Mortgage Enforcement
• Statutory Power Of Sale
• Equitable Remedies
• Prima Facie Case

Co-operative Bank of Kenya Limited v Nyalyka Enterprises & Engineering Company Limited

Co-operative Bank of Kenya Limited v Nyalyka Enterprises & Engineering Company Limited [2025] KEELC 4713 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E001 of 2024

Judge

LC Komingoi

The court found that the trial magistrate erred in granting injunctive orders restraining the appellant from exercising its statutory power of sale, as no statutory notices had been issued and no steps had been taken to realize the securities. The respondent failed to demonstrate a prima facie case or irreparable injury, as required by the principles in Giella v Cassman Brown. Furthermore, the property in question had already been sold to a third party, making injunctive relief inappropriate. The respondent was in default of the loan and had not acted with clean hands. The trial court failed…

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• Statutory Power Of Sale
• Injunctive Relief
• Loan Default
• Equitable Remedies
• Sale Of Mortgaged Property

Mwangi & 10 others v Hopewell Enterprises Limited & 2 others

Mwangi & 10 others v Hopewell Enterprises Limited & 2 others [2025] KEELC 4604 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case E037 of 2024

Judge

MC Oundo

The court found the plaintiffs had valid sale agreements, paid for the plots, occupied and developed them, and were entitled to declarations, transfer, and cancellation of a fraudulent title.

• Fraudulent Land Transfer
• Constructive Trust
• Overriding Interest
• Specific Performance
• Title Registration
• Equitable Remedies

Mama Watoto Supermarket v NCBA Bank Kenya Plc

Mama Watoto Supermarket v NCBA Bank Kenya Plc [2025] KEHC 8238 (KLR)

Court

High Court

Case number

Civil Case E006 of 2025

Judge

S Mbungi

The court found that the applicant had not satisfied the legal threshold for the grant of a temporary injunction. The applicant did not dispute the existence of the loan or the fact of default, and the respondent had demonstrated compliance with all statutory requirements for exercising its statutory power of sale, including proper issuance and service of notices. The applicant's claims of irreparable harm were unsupported by cogent evidence, and the court held that any loss arising from the sale of the charged properties would be quantifiable and compensable by damages, given the respondent'…

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• Injunctive Relief
• Statutory Power Of Sale
• Loan Default
• Charged Property
• Account Reconciliation
• Equitable Remedies

Ngokonyo & another v Liquidators, Kagaa Farmers Co-operative Socity Limited

Ngokonyo & another v Liquidators, Kagaa Farmers Co-operative Socity Limited [2025] KEELC 3942 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case E026 of 2024

Judge

MN Gicheru

The court struck out a land suit by co-operative society members, holding the dispute belonged before the Co-operative Tribunal and the Magistrates Court was the proper forum.

• Jurisdiction Of Courts
• Cooperative Societies Disputes
• Specific Performance
• Equitable Remedies
• Cooperative-societies-disputes
• Co-operative-tribunal

Odhiambo Joseph Asere t/a Asmit Pharmaceuticals v Dr. Berlinda Nga’nga t/a Frangipani Holding Ltd

Odhiambo Joseph Asere t/a Asmit Pharmaceuticals v Dr. Berlinda Nga’nga t/a Frangipani Holding Ltd [2025] KEBPRT 273 (KLR)

Court

Business Premises Rent Tribunal

Case number

Tribunal Case E1391 of 2024

Judges

N Wahome, Joyce Murigi

The Tribunal found that the applicant was in admitted arrears of rent and had failed to meet his cardinal obligation to pay rent as and when due. The applicant's claim that the arrears were a civil debt not subject to distress was rejected, as the arrears were unequivocally admitted in a prior agreement and not shown to have been validly waived. The Tribunal held that equitable remedies are not available to a tenant in default, and that the landlord was within her legal rights to instruct auctioneers to levy distress for recovery of rent arrears. The application and reference were therefore d…

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• Distress For Rent
• Controlled Tenancy
• Rent Arrears
• Equitable Remedies

Thang’wa v Kamene

Thang’wa v Kamene [2025] KEHC 5412 (KLR)

Court

High Court

Case number

Appeal E160 of 2024

Judge

H Namisi

The High Court dismissed an application to stay children’s court proceedings pending appeal, finding no sufficient basis to treat the appeal as nugatory.

• Child Maintenance Arrears
• Stay Of Proceedings
• Parental Responsibility
• Appeal Conditions
• Preliminary Objection
• Equitable Remedies

DB Schenker (K) Limited v Akado

DB Schenker (K) Limited v Akado [2025] KEHC 4972 (KLR)

Court

High Court

Case number

Civil Appeal E238 of 2024

Judge

PM Mulwa

High Court dismissed a first appeal over commission entitlement under an agency agreement, upheld admission of electronic evidence, and affirmed the trial judgment.

• Agency Contracts
• Commission Entitlement
• Admissibility Of Evidence
• Burden Of Proof
• Special Damages
• Equitable Remedies

Nyoro Construction Company Limited v Kenya Commercial Bank Limited

Nyoro Construction Company Limited v Kenya Commercial Bank Limited [2025] KEHC 4685 (KLR)

Court

High Court

Case number

Commercial Case E291 of 2024

Judge

PM Mulwa

The High Court dismissed a motion for injunction, finding the dispute sub judice and noting the plaintiff’s admitted loan default and the bank’s right to realize security.

• Injunctive Relief
• Sub Judice
• Realization Of Security
• Loan Default
• Movable Property Security
• Equitable Remedies