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Kenya decisions
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The court awarded MCB USD 6.5 million against Jade Petroleum only, holding subrogation supported reimbursement, but the guarantors were not liable without proof of contractual demand.
Kimathi v M’Ikiome (Land Case Appeal E030 of 2025) [2026] KEELC 2562 (KLR) (30 April 2026) (Judgment)
The Environment and Land Court allowed a land sale appeal, set aside the magistrate’s judgment, and ordered refund of Kshs 1,230,000 after finding the contracts were frustrated, not breached.
Wanjiru & another v Access Bank (Kenya) PLC & another (Commercial Suit E501 of 2025) [2026] KEHC 5976 (KLR) (Commercial and Tax) (30 April 2026) (Ruling)
The High Court granted an interlocutory injunction stopping the sale of Nairobi/Block 112/187, finding the bank had not strictly proved service of mandatory statutory notices.
The Environment and Land Court dismissed both the appeal and cross-appeal in a land sale dispute, upholding that the agreement was frustrated by both parties.
The Court of Appeal dismissed an appeal in a business-sale and lease dispute, upholding findings of misrepresentation, frustration of contract, and refund orders.
Tamarindi Management Limited v Gatheru [2025] KEELRC 2110 (KLR)
The court held the termination was redundancy, not frustration, after a Covid-19-related business reduction. It upheld most awards but set aside compensation for unfair termination.
Thomas Ondiba Aosa t/a Automaxx Motors v Otieno [2025] KEHC 7152 (KLR)
The High Court upheld a magistrate’s judgment for refund of vehicle-importation monies, finding a valid contract, breach by the appellant, and no proven frustration.
National Social Security Fund Board of Trustees v Ramu & another [2025] KEELC 2887 (KLR)
The Environment and Land Court dismissed twin appeals over disputed plot-to-title transitions, holding the respondent’s purchase and ownership were proved and frustration was not established.
Kimani v Langata Hotel Development Ltd [2025] KEELRC 701 (KLR)
The Employment and Labour Relations Court found unfair termination after a COVID-19-era salary cut and a procedurally defective dismissal, awarding Kshs 975,000.
Alchemy Incorporation Ltd v Joggen Plastics Kenya Limited & 2 others [2025] KEHC 3193 (KLR)
The High Court dismissed a commercial appeal over unpaid goods, finding a buyer-seller relationship and upholding recovery of half the claimed sum.
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