Kenya Case Law

Singh v Wario

Singh v Wario [2025] KEELRC 1837 (KLR)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Appeal E041 of 2024

Judge

JW Keli

The appellate court found that the trial magistrate erred in awarding the respondent Kshs. 40,128 for underpayment because the issue of underpayment was neither pleaded nor made an issue at trial. The court emphasized that parties are bound by their pleadings and that the court cannot grant reliefs that have not been specifically sought or proved. The appellate court also found that the trial magistrate applied the wrong minimum wage figure, as the applicable Regulation of Wages Order in 2006 set the minimum wage for night watchmen at Kshs. 5,796, while the respondent was paid Kshs. 7,300. Th…

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• Pleadings And Prayers
• Minimum Wage Compliance
• Underpayment Claims
• Judicial Discretion
• Remedies In Labour Disputes

Kinyanjui v Njoki

Kinyanjui v Njoki [2024] KEHC 9725 (KLR)

Court

High Court

Case number

Civil Appeal 298 of 2023

Judge

AC Bett

The High Court found that the trial court erred by granting orders in favor of the respondent who had not sought them, including declarations and directions affecting third parties not joined to the suit, thereby acting without jurisdiction and rendering the judgment a nullity. However, on the substantive issue, the evidence established that the suit property was matrimonial property acquired during the marriage, with the respondent contributing through non-monetary means such as caring for the children and maintaining the property. The appellant failed to prove, on a balance of probabilities…

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• Matrimonial Property
• Cautions And Inhibitions
• Jurisdiction Of Court
• Pleadings And Prayers
• Spousal Consent
• Balance Of Probabilities

Advancly Embed Technologies Ltd & another v Bei Nafuu Ration Duka Ltd & 2 others

Advancly Embed Technologies Ltd & another v Bei Nafuu Ration Duka Ltd & 2 others [2024] KEHC 2839 (KLR)

Court

High Court

Case number

Commercial Case E018 of 2024

Judge

AA Visram

The High Court dismissed an application for freezing orders because the relief was not pleaded in the plaint and the interim orders had already spent themselves.

• Interlocutory Injunctions
• Mareva Orders
• Pleadings And Prayers
• Status Quo Orders
• Mandatory Injunctions
• Interlocutory-injunctions

Kariuki v Paramount Bank Limited

Kariuki v Paramount Bank Limited [2024] KEHC 2288 (KLR)

Court

High Court

Case number

Civil Case E581 of 2021

Judge

JWW Mong'are

The court found that the Plaintiff's application for an interlocutory injunction was fatally defective because it was not anchored in the main suit as a substantive prayer for a permanent injunction. The law requires that an interlocutory prayer must be related to and supported by a substantive claim in the plaint. In this case, the Plaintiff's plaint did not seek a permanent injunction against the Defendant from dealing with the suit properties, but rather sought declaratory relief, specific performance, and damages. As a result, there was no legal basis for granting the interlocutory injunc…

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• Interlocutory Injunctions
• Pleadings And Prayers
• Mortgage Disputes
• Statutory Power Of Sale
• Settlement Agreements
• Specific Performance

Mubweka v Sameer Africa Limited

Mubweka v Sameer Africa Limited [2023] KEELRC 1648 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause 33 of 2020

Judge

B Ongaya

The court dismissed a review application seeking compensation for unfair termination, holding the claimant had not pleaded damages and the issue belonged on appeal.

• Unfair Termination
• Compensation Claims
• Review Of Judgment
• Pleadings And Prayers
• Employment-law
• Unfair-termination

Mburugu & another v Muthuri

Mburugu & another v Muthuri [2022] KEELC 12766 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 23 of 2013

Judge

CK Nzili

The Environment and Land Court dismissed a post-judgment eviction application because no eviction relief had been pleaded or granted in the judgment.

• Eviction Orders
• Status Quo Orders
• Pleadings And Prayers
• Stay Of Execution
• Appeals Process
• Eviction-orders

Finejet Limited v Musyimi

Finejet Limited v Musyimi [2022] KEHC 12327 (KLR)

Court

High Court

Case number

Civil Appeal E263 of 2021

Judge

JK Sergon

The High Court partly allowed the appeal, setting aside awards for future medical expenses and KNH Credit Undertaking, and reducing damages for diminished earning capacity and pain and suffering.

• Personal Injury
• Assessment Of Damages
• Pleadings And Prayers
• Quantum Of Damages
• Personal-injury
• Assessment-of-damages

Kenya Power and Lighting Co Ltd v Mwilwa Dase Investment Co.Ltd

Kenya Power and Lighting Co Ltd v Mwilwa Dase Investment Co.Ltd [2021] KEHC 1418 (KLR)

Court

High Court

Case number

Civil Appeal 73 of 2019

Judge

DN Musyoka

The court found that the appellant demonstrated sufficient inadvertence in failing to enter appearance and file a defence, as instructions to the advocate were misdirected to an outdated address. The court held that the trial court erred in refusing to set aside the default judgment, especially given the size and complexity of the appellant organization and the circumstances surrounding the communication breakdown. Furthermore, the court determined that the extracted decree for a monetary sum was not supported by the pleadings, which only sought specific performance and did not specify a mone…

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• Setting Aside Default Judgment
• Specific Performance
• Pleadings And Prayers
• Leave To Defend

Thomas Mwangi Kanyonge v Jonah Maina Gakibo

Thomas Mwangi Kanyonge v Jonah Maina Gakibo [2021] KEELC 1494 (KLR)

Court

Environment and Land Court

Case number

Land Case 339 of 2014

The court dismissed an injunction application, holding that a permanent injunction cannot be granted at the interlocutory stage and that the applicant had not met the injunction threshold.

• Interlocutory Injunctions
• Permanent Injunctions
• Land Ownership Disputes
• Pleadings And Prayers
• Interlocutory-injunctions
• Permanent-injunctions

John Muchui Lubetaa V APA Insurance Co Ltd

John Muchui Lubetaa V APA Insurance Co Ltd [2021] KEHC 13374 (KLR)

Court

High Court

Case number

Civil Appeal 380 of 2017

The High Court dismissed a civil appeal over interest on a declaratory judgment, holding that the trial court acted within the pleadings and its discretion.

• Interest Awards
• Declaratory Suits
• Enforcement Of Judgments
• Pleadings And Prayers
• Interest-awards
• Declaratory-suits