Kenya Case Law

Leseketeti v Kirisia Engineering Co. Ltd & another

Leseketeti v Kirisia Engineering Co. Ltd & another [2025] KEMC 160 (KLR)

Court

Magistrate's Court

Case number

Civil Case E021 of 2021

Judge

AT Sitati

The court found that the dispute arose from a partnership agreement where the assets and profits in question exceeded Kshs 300,000. According to Section 2 of the Partnership Act, 2012, only the High Court has jurisdiction to determine such disputes. The Magistrate's Court, therefore, lacked jurisdiction to entertain the matter. The court emphasized that jurisdiction is everything, and without it, the court must down its tools immediately. Consequently, the suit was dismissed for want of jurisdiction, with costs to the defendants.

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• Partnership Disputes
• Jurisdiction Of Courts
• Profit Sharing
• Partnership Agreements

Smiles and Grins LLP & another v Smiles and Grins Dental LLP & 4 others

Smiles and Grins LLP & another v Smiles and Grins Dental LLP & 4 others [2025] KEHC 8632 (KLR)

Court

High Court

Case number

Commercial Case E433 of 2024

Judge

JWW Mong'are

The court held that the arbitration clause in the partnership deed only binds the original partners and their personal representatives, and cannot be enforced against third parties or in respect of multifaceted claims involving fraud, misrepresentation, and illegality. As the dispute involves parties beyond the original partners and raises issues outside the scope of the deed, the court retained jurisdiction and dismissed the application for referral to arbitration. On the contempt application, the court found that the Defendants had knowledge of the clear and unambiguous interim orders restr…

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• Partnership Disputes
• Injunctive Relief
• Contempt Of Court
• Arbitration Clauses
• Fraudulent Registration
• Company Law

Koross (Suing as the Administrator of the Estate of the Late Elijah CA Koross) v Kiptoo & 6 others

Koross (Suing as the Administrator of the Estate of the Late Elijah CA Koross) v Kiptoo & 6 others [2025] KECA 1031 (KLR)

Court

Court of Appeal

Case number

Civil Appeal E088 of 2023

Judges

JM Mativo, GV Odunga, PM Gachoka

The Court of Appeal found that the doctrine of res judicata did not bar the respondents’ counterclaims because they were not parties to the previous suits and the issues in those suits were not identical to the present dispute. The respondents’ claims were not time-barred as they were based on a resulting trust, and limitation periods do not apply to actions by beneficiaries under a trust involving fraud. The court held that, despite procedural defects in the pleadings and counterclaims, substantive justice required the dispute to be determined on its merits due to its protracted nature and g…

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• Resulting Trusts
• Fraudulent Land Registration
• Res Judicata
• Limitation Of Actions
• Partnership Disputes
• Land Control Board Consents

Wambugu v Yoshino

Wambugu v Yoshino [2025] KEELC 4616 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 33 of 2023

Judge

JM Kamau

The court found that although the suit property was registered in the Plaintiff's name, all funds for its purchase and development originated from the Defendant, who was a foreigner unfamiliar with Kenyan land laws. The Plaintiff admitted that the Defendant provided the purchase money. The court determined that the Plaintiff registered the land in his name through trickery, and thus held the land in constructive trust for the Defendant. The court further held that it lacked jurisdiction to determine partnership dissolution or asset sharing, as these matters do not fall within the purview of t…

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• Ownership Of Agricultural Land
• Constructive Trust
• Foreign Ownership Restrictions
• Land Registration
• Partnership Disputes

Kabiru & another v Njeru

Kabiru & another v Njeru [2025] KEHC 5511 (KLR)

Court

High Court

Case number

Civil Appeal E068 of 2024

Judge

RM Mwongo

The High Court allowed an appeal from the Small Claims Court, set aside a Kshs.70,000 award, and held the respondent had not proved the extra debt alleged.

• Appeals From Small Claims Court
• Oral Contracts
• Burden Of Proof
• Partnership Disputes
• Appeals-from-small-claims-court
• Burden-of-proof

Kaloki Ilia & Mbugua Advocates LLP & another v Kaloki & another

Kaloki Ilia & Mbugua Advocates LLP & another v Kaloki & another [2025] KEHC 5199 (KLR)

Court

High Court

Case number

Civil Case E194 of 2024

Judge

SN Mutuku

The High Court dismissed an interlocutory motion over client files and funds, holding the requested orders were spent and the dispute should proceed to full hearing.

• Interlocutory Injunctions
• Partnership Disputes
• Release Of Client Funds
• Client File Transfer
• Civil-procedure
• Partnership-disputes

Sakwa v Muaka

Sakwa v Muaka [2025] KECA 590 (KLR)

Court

Court of Appeal

Case number

Civil Appeal 148 of 2019

Judges

K M'Inoti, FA Ochieng, WK Korir

The High Court had jurisdiction to hear the dipute because the arbitration clause in the agreement permitted recourse to litigation if arbitration efforts failed, and the respondent demonstrated attempts to initiate arbitration which the appellant did not participate in. The agreement was a commercial contract, not a domestic agreement, as evidenced by the signed document title and terms. The trial court correctly awarded the claimed sums for monthly payments and late fees based on the express terms of the contract and the appellant's admissions.

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• Partnership Disputes
• Arbitration Clauses
• Contractual Liability
• Special Damages
• Interest Awards

Mathia & others v Wainaina & 9 others; Muigai & 3 others (Interested Parties)

Mathia & others v Wainaina & 9 others; Muigai & 3 others (Interested Parties) [2025] KEELC 1049 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 346 of 2002

Judge

SO Okong'o

The court dismissed a land claim over Nairobi/Block 123, finding no proved fraud or subsisting estate interest, and held the plaintiff lacked locus standi.

• Land Ownership Disputes
• Adverse Possession
• Fraudulent Title Registration
• Partnership Disputes
• Trespass To Land
• Land-ownership-disputes

Kimaiyo v Kimutai & another

Kimaiyo v Kimutai & another [2025] KEHC 2651 (KLR)

Court

High Court

Case number

Civil Appeal E004 of 2018

Judge

RN Nyakundi

The High Court allowed an appeal over competing rights to forest produce from Penon 3(D), finding the trial court misread the agreement and partnership evidence.

• Partnership Disputes
• Breach Of Contract
• Injunctive Relief
• Forest Resource Allocation
• Civil-appeals
• Partnership-disputes

Kiarie t/a Uvasho Enterprises v Thuku t/a SN Thuku & Associates

Kiarie t/a Uvasho Enterprises v Thuku t/a SN Thuku & Associates [2024] KEHC 13645 (KLR)

Court

High Court

Case number

Commercial Case E524 of 2023

Judge

JWW Mong'are

The High Court dismissed a preliminary objection and ordered an advocate to remit client funds plus interest, finding the originating summons was properly supported.

• Advocate Client Funds
• Originating Summons Procedure
• Partnership Disputes
• Enforcement Of Judgments
• Advocate-client-funds
• Originating-summons-procedure