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Land And Property [2025] KEELC 5204 (KLR)

Ntiapuyok & another v Puffins Investment Limited & 2 others

Ntiapuyok & another v Puffins Investment Limited & 2 others [2025] KEELC 5204 (KLR)

Court
Environment and Land Court
Case number
Environment and Land Case Civil Suit 203 of 2017
Judge
MD Mwangi

The court found that the applicants had filed their application without unreasonable delay and had demonstrated with material evidence that the suit property was at imminent risk of sale, which would render their appeal nugatory. The court emphasized that both injunction and stay of execution serve to preserve the subject matter pending appeal, and that the overriding objective of the Civil Procedure Act requires the court to ensure justice is done. Considering the risk of the property being sold and the applicants' right of appeal, the court exercised its discretion to grant an injunction re…

Source excerpt

  • Injunction Pending Appeal
  • Stay Of Execution
  • Sale Of Land
  • Irreparable Harm
  • Overriding Objective
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Civil Procedure [2025] KEHC 9512 (KLR)

Kimathi v Andabwa

Kimathi v Andabwa [2025] KEHC 9512 (KLR)

Court
High Court
Case number
Civil Appeal 173 of 2022
Judge
EN Maina

The High Court dismissed an appeal against dismissal of a suit for expired summons, holding that no notice was required and no basis existed to set aside the ruling.

  • Dismissal Of Suit
  • Summons To Enter Appearance
  • Setting Aside Orders
  • Judicial Discretion
  • Overriding Objective
  • Affidavit Of Service
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Civil Procedure [2025] KECPT 344 (KLR)

Lekaram & another v Onyiego

Lekaram & another v Onyiego [2025] KECPT 344 (KLR)

Court
Cooperative Tribunal
Case number
Tribunal Case 46.E084 of 2024
Judges
Janet Mwatsama, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw, PO Aol

The tribunal found that the applicant failed to provide a credible or satisfactory explanation for the delay in filing the application to set aside the ex-parte judgment. The applicant's assertion that his previous counsel failed to act was deemed an internal matter not substantiated before the tribunal. The tribunal further held that the draft defence did not raise any triable issues, consisting only of bare denials without substantive response to the claimants' allegations. The tribunal emphasized the need for expeditious and efficient disposal of cases in line with the overriding objective…

Source excerpt

  • Setting Aside Ex Parte Judgment
  • Overriding Objective
  • Loan Guarantees
  • Default And Recovery
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Civil Procedure [2025] KEHC 8586 (KLR)

Milestone Games Limited & 4 others v Nation Media Group Limited & 7 others

Milestone Games Limited & 4 others v Nation Media Group Limited & 7 others [2025] KEHC 8586 (KLR)

Court
High Court
Case number
Civil Case E018 of 2022
Judge
JN Mulwa

The High Court declined to stay proceedings pending appeal, finding no exceptional circumstances or demonstrated prejudice. The applicant’s motion was dismissed with costs.

  • Stay Of Proceedings
  • Interlocutory Applications
  • Judicial Discretion
  • Overriding Objective
  • Stay-of-proceedings
  • Interlocutory-applications
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Civil Procedure [2025] KEHC 10281 (KLR)

Bhogal v Mukui

Bhogal v Mukui [2025] KEHC 10281 (KLR)

Court
High Court
Case number
Civil Case E010 of 2023
Judge
SM Mohochi

The High Court struck out a defence filed out of time without leave, reinstated default judgment, and awarded costs after finding no valid excuse for non-compliance.

  • Striking Out Of Pleadings
  • Default Judgment
  • Late Filing Of Defence
  • Overriding Objective
  • Abuse Of Court Process
  • Striking-out-of-pleadings
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Civil Procedure [2025] KECA 997 (KLR)

County Government of Laikipia v Ngugi & another

County Government of Laikipia v Ngugi & another [2025] KECA 997 (KLR)

Court
Court of Appeal
Case number
Civil Appeal (Application) 62 of 2019
Judges
S ole Kantai, JW Lessit, A Ali-Aroni

The Court of Appeal struck out an appeal filed out of time without leave, holding that failure to serve the proceedings letter prevented reliance on the rule extending time.

  • Appeal Timelines
  • Striking Out Appeal
  • Service Of Documents
  • Overriding Objective
  • Procedural Irregularities
  • Appeal-timelines
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Civil Procedure [2025] KEHC 4436 (KLR)

Transpares Kenya Limited v Kibiego & another (Suing as the Legal Representatives of the Estate of Julius Kipkering)

Transpares Kenya Limited v Kibiego & another (Suing as the Legal Representatives of the Estate of Julius Kipkering) [2025] KEHC 4436 (KLR)

Court
High Court
Case number
Civil Appeal E192 of 2024
Judge
E Ominde

The High Court at Eldoret dismissed an application for stay of proceedings pending appeal, finding the applicant had multiple chances to defend the suit but failed to do so.

  • Stay Of Proceedings
  • Judicial Discretion
  • Right To Fair Hearing
  • Overriding Objective
  • Appeals Process
  • Stay-of-proceedings
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Civil Procedure [2025] KEELC 3223 (KLR)

Gachungu (Suing on Her Own Behalf and as Administratix of the Estate of George Gathungu Gitu) v Gathungu & 3 others

Gachungu (Suing on Her Own Behalf and as Administratix of the Estate of George Gathungu Gitu) v Gathungu & 3 others [2025] KEELC 3223 (KLR)

Court
Environment and Land Court
Case number
Environment & Land Case 114 of 2019
Judge
MD Mwangi

Leave to file additional witness statements may be granted where the hearing has not commenced and no undue prejudice will be suffered by the opposing party, in order to facilitate the just and conclusive determination of the dispute.

Source excerpt

  • Leave To File Additional Evidence
  • Witness Statements
  • Case Management
  • Overriding Objective
  • Procedural Fairness
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Civil Procedure [2025] KEHC 4165 (KLR)

Aswa Developers & Contractors Limited & 2 others v Synergy Industrial Credit Ltd & another

Aswa Developers & Contractors Limited & 2 others v Synergy Industrial Credit Ltd & another [2025] KEHC 4165 (KLR)

Court
High Court
Case number
Commercial Case E808 of 2021
Judge
A Mabeya

The High Court granted a conditional stay of execution pending determination of a related suit, requiring deposit of the decretal balance in a joint interest-earning account.

  • Stay Of Execution
  • Pending Related Suit
  • Security For Decretal Sum
  • Overriding Objective
  • Res Judicata
  • Stay-of-execution
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Civil Procedure [2025] KEHC 3692 (KLR)

Imperial Bank Ltd (In Liquidation) v Juanco Investments Ltd & 10 others

Imperial Bank Ltd (In Liquidation) v Juanco Investments Ltd & 10 others [2025] KEHC 3692 (KLR)

Court
High Court
Case number
Commercial Case 523 of 2015
Judge
F Gikonyo

The High Court granted a final adjournment in this 10-year commercial suit, but warned the plaintiff that failure to proceed on the next date will trigger dismissal.

  • Adjournment Of Hearing
  • Dismissal For Want Of Prosecution
  • Overriding Objective
  • Public Interest Litigation
  • Adjournment-of-hearing
  • Dismissal-for-want-of-prosecution
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About this LexChat collection

Kenya decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.