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Kenya decisions
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Kirima & another v Mungania [2025] KEHC 7223 (KLR)
The High Court declined to strike out Plaintiffs’ filings for a late Notice of Change of Advocates, treating the omission as a curable procedural irregularity.
Embu Teachers Co-operative Society Limited v Gichoni [2025] KECPT 88 (KLR)
The Claimant's claim is meritorious because the Respondent failed to successfully challenge the surcharge order through the prescribed appeal process, and the Commissioner has the statutory power to set the interest rate on surcharged amounts.
Source excerpt
Archer & another v Archer & 2 others [2024] KEELC 7068 (KLR)
The court upheld a preliminary objection, finding counsel was not properly on record after judgment. The motion was struck out for noncompliance with Order 9 Rule 9.
Mbagara v Owino (Suing as the Legal Representative of the Estate of Joackim Henry Owino) [2024] KEHC 8189 (KLR)
The High Court at Nakuru reinstated a civil appeal dismissed for want of prosecution, finding the delay excusable and ordering the appeal to proceed on the merits.
Wario v Provencial Electrical Engineers (Kenya) Ltd & another [2023] KEELC 21947 (KLR)
The court dismissed an application to review and set aside its earlier judgment, holding that the applicant had already lodged an appeal and could not pursue review as well.
HEZEKIAH MUNIU KARANJA v FLORA HEZEKIAH KARANJA & 2Others [2013] KEHC 3526 (KLR)
The High Court dismissed an application to declare a suit abated and set aside interim orders, holding that it was not properly served on the plaintiff's advocates on record.
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