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Kenya decisions
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Bunde & 10 others v Family Health Options Kenya [2025] KEELRC 2082 (KLR)
The court dismissed an application to stay and set aside ex parte orders, finding the respondent had not proved full settlement under the consent order and execution could proceed.
Wiper Democratic Party v Mohamed & another; Makau (Judgment debtor) [2025] KEHC 10002 (KLR)
The High Court set aside warrants of attachment and proclamation issued against Wiper Democratic Party, finding there was no costs order or taxation basis against it.
Babu v Land Registrar – Kisii & 2 others [2025] KEELC 5207 (KLR)
The court allowed a post-judgment application to have the Deputy Registrar execute documents needed to subdivide and transfer land under an earlier consent order.
Wadawe v Newa [2025] KEELC 5002 (KLR)
The court allowed execution of an earlier eviction decree, directing that the bailiff be guided by a survey report and that police provide security during eviction.
Gikurumi v Nzuve & another [2025] KEHC 9616 (KLR)
The court held that the Applicant's motion was fundamentally misconceived. The issues of the insurer's liability under Section 10 of the Insurance (Motor Vehicle Third Party Risks) Act and the insurance contract were not litigated or determined at trial or on appeal. The appellate court's jurisdiction is limited to matters raised in the pleadings and cannot be expanded to entertain substantive declaratory relief by motion post-judgment. The proper procedure for seeking such relief is by instituting a substantive suit, not by motion. Furthermore, there was no evidence or judgment against the i…
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Makae v Habo Group of Companies [2025] KEELRC 1953 (KLR)
The court dismissed a company's application to stay execution and review prior orders, finding no basis for review and holding the application was an abuse of process.
Njuki v Njiku & 3 others [2025] KEELC 4584 (KLR)
Post-judgment application dismissed after the court found the decree had been executed, the land subdivided, and the requested relief overtaken by events.
Kaimugul v Kurui & another [2025] KEELC 4609 (KLR)
The Environment and Land Court held it lacked jurisdiction over the appeal and stay application, finding the dispute arose from a commercial suit and transferring the matter to the High Court at Eldoret.
Dembena International Limited v National Land Commission; National Bank of Kenya (Garnishee) [2025] KEELC 4396 (KLR)
The court held that the Decree holder failed to comply with the mandatory statutory procedure under Section 21 of the Government Proceedings Act before seeking to execute the decree or cite the National Land Commission and its officers for contempt. The Act prohibits direct execution or attachment against government assets and requires the judgment creditor to obtain a certificate of order and, if necessary, seek enforcement by mandamus. The garnishee proceedings initiated by the Decree holder were therefore incompetent and unsustainable, as Order 23 of the Civil Procedure Rules does not appl…
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Ogutu v Ngoyani [2025] KEELC 4636 (KLR)
The court dismissed an application for contempt and execution assistance over a land transfer order, but allowed change of advocates.
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