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Muriithi v Harambee Sacco Society & another [2025] KECPT 381 (KLR)
The Cooperative Tribunal dismissed a claim challenging a Kshs. 690,000 loan guarantee, holding that the claimant had admitted guaranteeing the loan and had not proved general damages.
KCB Bank Kenya Limited v Mirecarn Communications Limited & 3 others [2025] KEHC 7809 (KLR)
High Court judgment after formal proof in a bank recovery suit: the court found the first Murabahah facility proved, but not the second or the claimed debt amount.
Maps Investments Limited v Rafiki Micro Finance Bank & 2 others [2025] KEHC 6891 (KLR)
The court found that the applicant had demonstrated sufficient cause for the delay in filing the appeal, attributing the delay to the failure of previous advocates and personal bereavement. The delay was not inordinate, and the application was made promptly after the applicant became aware of the omission. The court held that the right of appeal is fundamental and should not be denied due to counsel's error where sufficient cause is shown. On the issue of stay of execution, the court determined that the applicant had shown the risk of substantial loss if execution proceeded, particularly as t…
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Roy Hauliers Limited v I & M Bank Limited [2025] KEHC 5765 (KLR)
The court found that the doctrine of res judicata did not bar the present application because the issues raised—specifically the threat of liquidation and recourse to guarantors—arose from new facts and ongoing threats not previously adjudicated in the earlier suit. The court held that the applicant had established a prima facie case, as the defendant's actions posed a plausible infringement of the applicant's rights and could extinguish its corporate existence before the pending suit was heard. The applicant demonstrated that liquidation would cause irreparable harm beyond monetary loss, inc…
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Simple Pay Capital Limited v Gems National Academy Limited & 5 others [2025] KEHC 5694 (KLR)
The High Court dismissed a 3rd defendant’s bid to be struck out, holding that his signed personal guarantee and indemnity made him a necessary party.
Fuga Stock Feeds Limited v Absa Bank Plc [2025] KEHC 5359 (KLR)
The court found that the applicant had satisfied the conditions for grant of stay of execution pending appeal. The applicant demonstrated that the intended appeal was arguable and not frivolous, and that there was a real risk of substantial loss if the stay was not granted, as the respondent had already commenced the process of realizing the charged property. The court noted that the applicant had not yet offered security, but exercised its discretion to order that a sum of KES 3,000,000 be deposited as security within thirty days. The court held that failure to comply with this condition wou…
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Ark Development v Mghoi [2025] KEHC 5457 (KLR)
High Court appeal on whether a trial court could offset a loan debt with a borrower's shares and savings. The court held it could not and entered judgment for the lender.
Mineral Masters Limited v Simple Pay Capital Limited [2025] KEHC 4310 (KLR)
The court denied the temporary injunction because the plaintiff failed to establish a prima facie case with a probability of success, as required by the test in Giella v. Cassman Brown, having admitted to defaulting on the loan repayment obligations.
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Keter & another v Ecobank Kenya Limited [2025] KEHC 1332 (KLR)
The High Court struck out a suit over charged property as res judicata, holding the borrowers were re-litigating issues already decided in earlier cases.
Simple Pay Capital Limited v Gems National Academy Limited & 5 others [2025] KEHC 300 (KLR)
The High Court dismissed an injunction application against the 6th defendant, holding the plaintiff had not shown a prima facie case or sufficient nexus to the suit property.
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