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Kenya decisions
Decisions matching the current search
Benson v Owere & another [2023] KEHC 22824 (KLR)
The High Court in Busia allowed registration of a Ugandan subordinate court judgment, holding that procedural defects and opposition on service did not defeat the application.
CTM Uganda Limited v Owala [2021] KEHC 47 (KLR)
The High Court declined to set aside registration of a Ugandan judgment, but reduced the stay deposit from KES 1,000,000 to KES 500,000 pending foreign proceedings.
Tui Uk Limited v Sun ‘N’ Sand Beach Hotel Limited [2019] KEHC 12226 (KLR)
The High Court in Nairobi allowed registration of an English judgment under Kenya’s Foreign Judgments (Reciprocal Enforcement) Act, finding the statutory requirements satisfied.
Furaha Eugenes v Jomo Kenyatta University of Agriculture and Technology [2019] KEHC 12371 (KLR)
The High Court allowed registration of a Rwandan monetary judgment and awarded interest at Kenyan court rates from the date of registration, plus reasonable registration costs.
Kenfreight Uganda Limited & Kenfreight East Africa Limited v Tornado Carriers Limited [2018] KEHC 8001 (KLR)
The court found that the Ugandan judgment was final and conclusive, as no valid appeal was pending and the Registrar of the Ugandan court confirmed the Notice of Appeal was not on record. The respondent had submitted to the jurisdiction of the Ugandan court by entering appearance and defending the suit, thus waiving jurisdictional objections. The Kenyan court's role is not to review the merits of the foreign judgment but to ensure compliance with the statutory requirements for registration. No evidence of fraud, impropriety, or denial of a fair hearing was established. The existence of parall…
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Cosmos Holidays PLC v Global Fresh Agencies [2016] KEHC 1380 (KLR)
The court held that, in the absence of a stay of execution, the decree-holder is entitled to seek the cross-examination of the directors of the judgment-debtor company under Order 22 Rule 35 of the Civil Procedure Rules. The court found that the respondent’s offer of security, which was rejected by the applicant, did not preclude the applicant from pursuing this statutory remedy. The court further clarified that the right to cross-examine is not contingent on allegations of fraud or mismanagement, nor does it amount to allowing the decree-holder to choose assets at will; rather, it is a proce…
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Jtc (Jersey) Limited v Peter Johan Bonde Nielsen [2015] KEHC 2799 (KLR)
The High Court declined to register a Jersey judgment in Kenya, holding that Jersey was not shown to be a reciprocating country under the relevant Act and Order.
Marshall Fowler Engineering Limited v Innocent Musheja, Twahirwa Jean Bosco & Bank of Commerce Development and Industries (B.C.D.I) [2015] KEHC 8307 (KLR)
The High Court clarified its earlier registration judgment for a Rwandan foreign judgment, confirming the scope of the decree and setting interest at 12% from 30 May 2014.
HERMAN PHILLIP STEYN v CHARLES THYS [2011] KEHC 2856 (KLR)
The High Court dismissed an application to register a Tanzanian judgment in Kenya because an appeal and stay of execution were still pending in Tanzania.
BOARD OF GOVERNORS ST. JOHNS COLLEGE v JOHN NGANYI LUGOYI [2008] KEHC 229 (KLR)
The High Court refused to extend time to challenge registration of a foreign judgment, finding the applicant was over two years out of time with no good cause shown.
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