Kenya Case Law

Syan & 2 others v Kihoro

Syan & 2 others v Kihoro [2025] KEELC 5176 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 517 of 2017

Judge

CA Ochieng

The court found that the plaintiffs had proved their claim for rent arrears against the defendant, who continued to occupy the suit premises after expiry of the lease without paying rent and without the plaintiffs' consent. The defendant failed to tender any evidence or submissions to challenge the plaintiffs' case. The court held that the plaintiffs were entitled to rent arrears for the period of unlawful occupation, calculated from the date of filing suit up to the date of eviction, amounting to Ksh. 6,120,000. The court declined to award mesne profits as this was not specifically pleaded,…

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• Tenancy Disputes
• Rent Arrears
• Eviction
• Mesne Profits
• Pleadings And Proof

Nyamota v Family Bank Limited & 2 others

Nyamota v Family Bank Limited & 2 others [2025] KEHC 9170 (KLR)

Court

High Court

Case number

Civil Appeal 997 of 2023

Judge

AN Ongeri

High Court appeal over unauthorized sale of shares used as loan security. Liability was apportioned 50/50 between the bank and broker, and the appellant was awarded compensation.

• Guarantee Liability
• Statutory Power Of Sale
• Third Party Proceedings
• Broker Negligence
• Pleadings And Proof
• Banking-and-finance

Wanjugu v Wainaina

Wanjugu v Wainaina [2025] KEHC 8220 (KLR)

Court

High Court

Case number

Civil Appeal E067 of 2024

Judge

DKN Magare

High Court appeal from the Small Claims Court dismissed for failure to prove disputed sums and because special damages must be pleaded and strictly proved.

• Appeals On Points Of Law
• Pleadings And Proof
• Costs Award
• Special Damages
• Small-claims-court-appeals
• Appeals-on-points-of-law

Miron v Momentum Credit Ltd

Miron v Momentum Credit Ltd [2025] KEHC 6876 (KLR)

Court

High Court

Case number

Commercial Appeal E186 of 2023

Judge

S Mbungi

The appeal was dismissed because the appellant failed to specifically plead and strictly prove special damages as required by law. The trial court was correct in finding that the appellant merely quoted a global figure without particularizing or evidencing the alleged losses. Submissions cannot substitute for pleadings or evidence. Furthermore, the trial magistrate did not err in awarding costs to the respondent, as costs generally follow the event and the appellant, having instituted the suit and failed, was liable for costs. There were no special circumstances to warrant a departure from th…

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• Loan Disputes
• Special Damages
• Costs Award
• Pleadings And Proof

Family Bank Limited v Otieno

Family Bank Limited v Otieno [2025] KEHC 5856 (KLR)

Court

High Court

Case number

Commercial Appeal E001 of 2023

Judge

DK Kemei

The High Court allowed Family Bank’s appeal, set aside the lower court judgment, and dismissed the respondent’s suit over a guarantor dispute.

• Guarantee Liability
• Pleadings And Proof
• Loan Restructuring
• Burden Of Proof
• Contract Enforcement
• Discharge Of Guarantor

Kimitei v Tuitoek

Kimitei v Tuitoek [2025] KEHC 2332 (KLR)

Court

High Court

Case number

Civil Appeal E013 of 2023

Judge

JRA Wananda

The court dismissed the appeal, finding that the Respondent had, to an acceptable extent, proved his case on a balance of probabilities that his crops were damaged by the Appellant's livestock, despite some inconsistencies in crop description in the pleadings and evidence.

Source excerpt

• Negligence Liability
• Special Damages
• Vicarious Liability
• Pleadings And Proof

Matunda (Fruits) Bus Services Limited v M’Ambutu

Matunda (Fruits) Bus Services Limited v M’Ambutu [2025] KEHC 299 (KLR)

Court

High Court

Case number

Civil Appeal E922 of 2023

Judge

H Namisi

The High Court held that loss of use in a motor vehicle accident claim is special damage, but recovery remains limited to the amount pleaded and strictly proved.

• Motor Vehicle Accident
• Special Damages
• Loss Of Use
• Pleadings And Proof
• Motor-vehicle-accident
• Special-damages

Mwaura v Wambua

Mwaura v Wambua [2024] KEHC 13897 (KLR)

Court

High Court

Case number

Commercial Appeal E003 of 2024

Judge

DKN Magare

The High Court dismissed a Small Claims Court appeal, holding the grounds were factual, not legal, and that no pleaded or proved counterclaim justified retaining the deposit.

• Contract Rescission
• Pleadings And Proof
• Damages For Breach
• Appeals On Points Of Law
• Small-claims-court-appeals
• Pleadings-and-proof

Odero & 2 others v Gudka & 2 others

Odero & 2 others v Gudka & 2 others [2024] KECA 1584 (KLR)

Court

Court of Appeal

Case number

Civil Appeal 117 of 2018

Judges

J Mohammed, F Tuiyott, JM Ngugi

The Court of Appeal found that the purported sale agreement for the suit property was void for uncertainty as to the purchase price and parties, and for lack of Land Control Board consent as required by the Land Control Act. The evidence did not establish a meeting of the minds or a valid contract. The trial court erred in ordering a refund of Kshs.500,000.00 to the respondents, as this sum was neither pleaded nor proved, and the appellant was not given an opportunity to respond. The appellate court set aside the order for refund and dismissed the respondents' appeal for specific performance,…

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• Sale Of Land
• Land Control Board Consent
• Specific Performance
• Contract Uncertainty
• Pleadings And Proof
• Refund Of Purchase Price

Mutua v Centenary Sacco Society Limited

Mutua v Centenary Sacco Society Limited [2024] KEHC 13724 (KLR)

Court

High Court

Case number

Civil Appeal E174 of 2021

Judge

LW Gitari

The High Court dismissed an appeal over the freezing of a Sacco account, finding the appellant had not proved entitlement to punitive, exemplary, or general damages.

• Account Freezing
• Customer Notification
• Damages For Breach
• Fiduciary Duties
• Pleadings And Proof
• Account-freezing