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Kenya decisions
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Kinuu v Wanyonyi [2025] KEHC 9683 (KLR)
The High Court dismissed an appeal over a disputed loan claim, finding the appellant had not proved the alleged Kshs.320,000 debt and that the transaction appeared unlawful.
Luhar v Jethwa [2024] KEHC 11310 (KLR)
The High Court found that the trial magistrate erred in disregarding the appellant's forensic report, which was properly certified and established that the respondent authored most of the disputed vouchers and communications. The respondent admitted in oral evidence to borrowing about Ksh.8,000,000/- from the appellant, with reference to the specific transactions pleaded. The respondent failed to produce any evidence of repayment. The court held that the appellant had discharged the burden of proof on a balance of probabilities, both through documentary evidence and the respondent's admission…
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Wambugu v Omundhe [2024] KEHC 8996 (KLR)
The High Court dismissed an appeal claiming Kshs. 350,000 was a loan, finding the evidence did not prove a repayable loan and awarding costs to the respondent.
Ahmed Adan T/A Wetangula, Adan & Company Advocates v Oyatsi & 2 others [2022] KEHC 3075 (KLR)
The High Court dismissed an advocate’s claim for Kshs.71 million against an estate, holding that the plaintiff failed to prove the transfers were loans.
Alfred Anekeya Mangu’la t/a Alfabetty Enterprises v Paul Indimuli & Primus Holdings Limited [2022] KEHC 2539 (KLR)
The High Court held that an oral money-lending agreement can be enforceable, but a guarantor’s liability under section 3(1) of the Law of Contract Act must be in writing.
Molyn Credit Limited v Adam Katana Shahenza [2018] KEHC 9121 (KLR)
High Court appeal over a loan dispute was dismissed after the court found the lender’s demand excessive, oppressive, and unconscionable.
Joel Nthei Mwanzia v Peter M. Wambua [2015] KEHC 4078 (KLR)
The High Court found that the agreement between the appellant and respondent, which required repayment of Kshs 200,000 with 100% interest in three days, was unconscionable, oppressive, and illegal. The court held that such a contract could not be enforced as it was contrary to public policy and the law, regardless of whether the respondent pleaded illegality or fraud. The evidence did not establish that the respondent received any money from the appellant, and even if money was lent, the terms were so unreasonable that no reasonable court could enforce them. The burden of proof remained with…
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NELSON MAINA ONDIBA v DAVIES NAKITARE [2008] KEHC 2856 (KLR)
The court found that the defendant had raised arguable and reasonable grounds of defence, including disputes over the quantum of money advanced and repaid, the legality of the interest charged by the plaintiff as a non-financial institution and bank employee, and the existence and terms of the oral agreement. The court also noted that the defendant's evidence regarding payments made, including alleged remittances in US dollars, created triable issues that could not be resolved without a full hearing. Given these genuine disputes of fact and law, summary judgment was deemed inappropriate. The…
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RAJNI SHAH vs SUPERMARINE HANDLING SERVICES LTD. [2003] KEHC 845 (KLR)
The court found that the defendant had admitted indebtedness to the plaintiff in the sum of KSh.1,200,000/-, entitling the plaintiff to summary judgment for that amount. The remainder of the plaintiff's claim, amounting to KSh.1,911,500/-, was subject to bona fide triable issues raised by the defendant, warranting unconditional leave to defend. The court applied established principles that summary judgment is appropriate only where there is no genuine triable issue and that partial summary judgment may be granted where part of the claim is admitted or uncontroverted. The court relied on the d…
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KENYA COMMERCIAL BANK LTD. vs DATA STREAM LIMITED [2001] KEHC 861 (KLR)
The High Court entered summary judgment for Kenya Commercial Bank against Data Stream Limited after finding the defence disclosed no triable issue and the debt was admitted.
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