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Kenya decisions
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Boss Freight Terminal Limited v Kenya Railways Corporation & another [2025] KEELC 5450 (KLR)
The court granted temporary and mandatory injunctions protecting the plaintiff’s registered land pending trial, finding a prima facie case and irreparable harm.
Khamis & 3 others v Muchura & 14 others [2025] KEHC 10652 (KLR)
The court found that the plaintiffs/applicants had established a prima facie case regarding the procedural irregularities in the convening of the AGM, their expulsion, and the change of the club's status. The court held that the issues raised were triable and could not be determined at the interlocutory stage. The court further found that the plaintiffs, particularly Mr Khatib, would suffer irreparable harm not compensable by damages if the injunction was not granted, given the reputational and structural consequences of the AGM resolutions. The balance of convenience favored maintaining the…
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PWK v KWK [2025] KEHC 10592 (KLR)
The High Court granted interim access and rent-share relief over a jointly owned matrimonial home, pending trial of the substantive property dispute.
Mwangi v Ngugi [2025] KEELC 5373 (KLR)
The court found that although the Applicant did not provide documentary evidence of his inability to access the trial court file, the delay in filing the application was minimal and satisfactorily explained. The application was filed only one day after the statutory period lapsed, and the court exercised its discretion to grant leave to appeal out of time. On the request for an injunction, the court held that the Applicant had demonstrated a prima facie case and that the intended appeal was not frivolous, but failed to show irreparable harm if the injunction was not granted. Regarding the sta…
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Sigunga & another v Mitchell Parakenya Haemba Agengo [2025] KEELC 5371 (KLR)
The Environment and Land Court at Busia dismissed a stay application pending appeal, finding no proved substantial loss and no offer of security.
Saika v Teeka & 2 others [2025] KEELC 5300 (KLR)
The Environment and Land Court allowed an appeal against a contempt ruling, holding that the boundary dispute was not properly resolved before contempt was found.
Konchellah (Suing as the Legal Representative of the Estate of Wilson Sonny Letuya Konchellah) v Konchellah & another [2025] KEELC 5226 (KLR)
The court found that the applicant failed to establish a prima facie case for the grant of a temporary injunction. The defendants' undisputed, uninterrupted occupation of the suit property for nearly three decades undermined the applicant's claim of urgency and irreparable harm. The applicant did not provide a plausible explanation for the prolonged delay in asserting her rights, nor did she demonstrate any imminent threat of harm that could not be compensated by damages. As the conditions for granting an interlocutory injunction must be satisfied sequentially, and the applicant failed to mee…
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Meridian Acceptances Limited v Muchungu [2025] KEHC 10037 (KLR)
The High Court granted disclosure, inspection, and interim injunction orders to protect a company’s records and shareholding pending determination of a shareholder dispute.
Meru Central Dairy Co-operative Union v M’Iti [2025] KEHC 10321 (KLR)
The court found that the applicant is a reputable, licensed milk processor whose products are certified by relevant authorities. The respondent published statements on social media platforms alleging that the applicant's products were adulterated and dangerous, without providing any evidence to substantiate these claims. The court held that the statements were unarguably defamatory and there was no indication of a valid defence such as justification or fair comment. The respondent failed to respond to the application, and the applicant demonstrated that the publications had caused panic among…
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Saini v Nation Media Group Plc [2025] KEHC 9893 (KLR)
The High Court granted a temporary injunction in a defamation dispute, restraining further allegedly defamatory publications, but declined a mandatory apology order.
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