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Kenya decisions
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Mwaura & another v Standard Chartered Bank Kenya Ltd [2025] KEHC 9372 (KLR)
The High Court upheld liability against guarantors who received compensation for compulsorily acquired charged land without settling the bank debt.
Nyamota v Family Bank Limited & 2 others [2025] KEHC 9170 (KLR)
High Court appeal over unauthorized sale of shares used as loan security. Liability was apportioned 50/50 between the bank and broker, and the appellant was awarded compensation.
Paddy Kenya v Equity Bank Kenya Limited & 3 others [2025] KEHC 9042 (KLR)
The court found that there was no agreement that the sale of the charged property by private treaty would constitute full and final settlement of the plaintiff's indebtedness to the 1st defendant. The evidence showed that the sale proceeds were applied to reduce the outstanding loan, but a significant balance remained. The plaintiff did not dispute the statement of account produced by the 1st defendant, nor did it provide evidence of any payments not reflected therein. The 3rd and 4th defendants executed valid guarantees and indemnities, binding them to the outstanding debt. The 1st defendant…
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I & M Bank Limited v Kabew Kenya Limited & 2 others [2025] KEHC 8905 (KLR)
The court found that the plaintiff bank had established, on a balance of probabilities, that it advanced various credit facilities to the 1st defendant, which were secured by guarantees from the 2nd and 3rd defendants and debentures over the 1st defendant's assets. The defendants admitted receipt of the facilities but failed to adduce evidence to rebut the plaintiff's claim or substantiate their allegation that the bank failed to account for repossessed assets. The court held that the liability of the 2nd and 3rd defendants as guarantors was joint and several but limited to the guaranteed sum…
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In re the Late Wilson Kiptanui Koech [2025] KEHC 8287 (KLR)
The High Court held that the mediation agreement adopted as a consent judgment remained binding and refused any unilateral variation, directing compliance with clause 5.
Eldorado Gardens Limited v Thuranira & another [2025] KEHC 8742 (KLR)
The court found that the pleadings did not establish a cause of action against the 2nd Defendant, as there was no evidence of a contractual relationship or guarantee executed by him in favour of the Plaintiff. The alleged guarantee was disputed, and a forensic expert had determined that the signature was not his. Furthermore, the Plaintiff had not issued any demand to the 2nd Defendant, and liability of the principal debtor (the 1st Defendant) had not yet been established. The court held that pursuing a claim against a purported guarantor before establishing the principal debtor's liability i…
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Gicimu v Miano [2025] KEHC 7835 (KLR)
The High Court dismissed a civil appeal over loan liability, finding the appellant had benefited from the loan proceeds and remained liable on the facts.
Vision Coop Savings Coop Society v Wahome [2025] KECPT 355 (KLR)
The Tribunal dismissed a Sacco’s claim after finding it had already recovered the loan arrears from guarantors and could not pursue the borrower again.
Motorline Limited v Allex Motors Limited & 2 others [2025] KEELC 3952 (KLR)
The court found that the 1st Defendant breached the lease agreement by permitting the 2nd Defendant, a separate legal entity, to occupy the suit property without the Plaintiff's written consent as required by Clause 3(f) of the lease. The Defendants' argument that the Plaintiff acquiesced to the arrangement was rejected due to lack of written consent and the legal distinction between companies, regardless of common directorship. The court further determined, based on documentary evidence, that the Defendants failed to pay rent from August 2017 to July 2020, resulting in rental arrears of Kshs…
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Bank of Africa Kenya Limited v Setlight Supermarket Limited & 4 others [2025] KEHC 7222 (KLR)
The Plaintiff adduced credible and uncontroverted evidence, including executed offer letters, bank statements, and guarantee deeds, establishing that the 1st Defendant received financial facilities and defaulted on repayment. The 2nd to 5th Defendants, as guarantors, are jointly and severally liable for the outstanding debt. The Defendants failed to attend the hearing or adduce any evidence in rebuttal, rendering their defence mere assertions without probative value. The Plaintiff has therefore proved its claim on a balance of probabilities, entitling it to judgment for the outstanding sum, c…
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