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Kenya decisions
Decisions matching the current search
Nzau v Mutythau [2025] KEHC 9049 (KLR)
The High Court dismissed an appeal over Kshs 220,000, finding the appellant failed to prove the money was an investment rather than a loan.
Mbakaya v Shitelo [2025] KEHC 8266 (KLR)
The High Court found that the facts regarding when the cause of action arose were not settled, as the appellant claimed to have made several advances between 16th October 2016 and 1st June 2023, while the respondent asserted a single advance and repayment. This factual dispute required evidence and could not be resolved as a pure point of law through a preliminary objection. The trial adjudicator erred in striking out the claim as time-barred without interrogating the facts. The court held that the issue of limitation was not clear-cut and should have been determined after hearing evidence fr…
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Miron v Momentum Credit Ltd [2025] KEHC 6876 (KLR)
The appeal was dismissed because the appellant failed to specifically plead and strictly prove special damages as required by law. The trial court was correct in finding that the appellant merely quoted a global figure without particularizing or evidencing the alleged losses. Submissions cannot substitute for pleadings or evidence. Furthermore, the trial magistrate did not err in awarding costs to the respondent, as costs generally follow the event and the appellant, having instituted the suit and failed, was liable for costs. There were no special circumstances to warrant a departure from th…
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Fainan Credit Limited v Kabaru [2025] KEHC 6342 (KLR)
The High Court dismissed a commercial appeal because the grounds raised factual disputes, while appeals from the Small Claims Court lie only on points of law.
Winas Savings & Credit Co-operative Society Limited v Mwaniki t/a Grafjam Energy Limited & another [2025] KEHC 5538 (KLR)
The High Court held that it lacked jurisdiction to entertain the applicant's motion to set aside the Magistrate's Court proceedings for want of jurisdiction because the applicant had not first sought review before the Magistrate's Court or filed a substantive appeal to the High Court. The court emphasized that the proper procedure for challenging the jurisdiction of a subordinate court is either by review before that court or by appeal, not by a miscellaneous application to the High Court. The court found that the procedural flaw in the manner the application was brought was fatal and could n…
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Too v Mbaka [2025] KEHC 4484 (KLR)
The High Court allowed an appeal from the Small Claims Court, found the trial court failed to consider the appellant’s filed response, and ordered a retrial.
Cheruiyot v Kibet [2025] KEHC 3985 (KLR)
The High Court dismissed an appeal over an alleged oral loan of Ksh 80,000, upholding the small claims court’s finding that the respondent proved his case.
Kenya Women Microfinance Bank v Kering & another [2025] KEHC 3922 (KLR)
The High Court allowed a bank’s appeal, setting aside an award for alleged loan overpayment and a discharge order after finding the respondents had not proved their claim.
Kenya Commercial Bank v Western Mareba Agencies Limited & another [2025] KEHC 3394 (KLR)
The interlocutory judgment was set aside despite the defendants' delay because the court prioritized doing justice to the parties and allowing them to have their case determined on merit, while penalizing the defendants with costs for their dilatory conduct.
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Wanjohi v Timau Ventures Limited [2025] KEHC 2353 (KLR)
High Court at Thika dismissed an application for stay of execution pending appeal, finding no substantial loss was shown and the respondent was entitled to enjoy the judgment.
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