Kenya Case Law

Leruka v Kantilal Shah (Suing through his Duly Appointed Attorney Neelish Amratlal Shah) & 4 others

Leruka v Kantilal Shah (Suing through his Duly Appointed Attorney Neelish Amratlal Shah) & 4 others [2025] KEELC 3758 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E001 of 2023

Judge

LN Mbugua

The appellate court found that the appellant did not acquire any rights or interests in the suit property from Nagin Chauhan, as there was no evidence of a completed sale, payment, or transfer of title to Nagin. Consequently, Nagin had no interest to transfer to the appellant, and the trial court correctly applied the nemo dat quod non habet principle. The appellant's challenge to the respondent's title was therefore unfounded. Regarding the refund of Ksh 1,500,000 plus interest awarded by the trial court, the appellate court held that this relief was neither pleaded nor proved by the appella…

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• Ownership Of Land
• Bona Fide Purchaser
• Fraudulent Transfer
• Pleadings And Relief
• Limitation Of Actions

Mbogo v NCBA Bank Kenya & 2 others

Mbogo v NCBA Bank Kenya & 2 others [2025] KEHC 6065 (KLR)

Court

High Court

Case number

Civil Appeal E106 of 2022

Judge

PN Gichohi

The High Court found that the trial court erred in granting relief (a 50:50 sharing order) that was not sought in the pleadings, contrary to established legal principles that bind courts to the parties' prayers. The court further held that the bank was contractually entitled to freeze the account without a court order in the event of a dispute among signatories, as provided in the bank's general terms and conditions and industry practice. The absence of a pre-trial conference was deemed a curable procedural technicality, not fatal to the proceedings, since all parties had the opportunity to p…

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• Bank Account Freezing
• Fiduciary Duty Of Banks
• Right To Be Heard
• Pleadings And Relief
• Costs Award
• Pre Trial Procedure

Agingu v Owiti & 2 others

Agingu v Owiti & 2 others [2025] KECA 188 (KLR)

Court

Court of Appeal

Case number

Civil Appeal 389 of 2019

Judges

PO Kiage, K M'Inoti, WK Korir

A court must only determine issues and grant reliefs that have been properly pleaded by the parties. Ordering an investigation into a matter not pleaded or sought as a relief constitutes an error in law as it goes beyond the scope of the case before the court.

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• Pleadings And Relief
• Fraud Pleading And Proof
• Refund Of Deposit
• Breach Of Contract
• Title Investigation

Kenei & another v Chepngeno & 5 others

Kenei & another v Chepngeno & 5 others [2025] KEELC 506 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E002 of 2024

Judge

L Waithaka

The appellants did not prove that the suit land was legitimately acquired by their deceased husband free from any encumbrances, including underlying family or customary trusts, specifically given the historical evidence indicating the land was originally allotted to the defendants' father and the defendants' long-standing occupation of the land. The court also held that the trial court erred by granting orders not specifically pleaded by the defendants.

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• Customary Trusts
• Family Land Disputes
• Title Cancellation
• Pleadings And Relief
• Succession And Beneficiaries

Nation Media Group & another v Imbwaga

Nation Media Group & another v Imbwaga [2025] KEHC 1453 (KLR)

Court

High Court

Case number

Civil Appeal 42 of 2022

Judge

SC Chirchir

The court held that the defamatory words, although attributing a wrong official designation, were understood by ordinary sensible readers with knowledge of the special facts, particularly the respondent's position as the County Attorney of Vihiga, to refer to the respondent. The words were found to meet the definition of defamation by lowering the respondent's estimation in the eyes of others and injuring his professional reputation. The court upheld the award of general damages as comparable to other similar cases but dismissed the award for damages in lieu of apology because it was not plea…

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• Defamation
• Damages Assessment
• Identification In Defamation
• Malice In Tort
• Pleadings And Relief
• Appellate Review

Wesonga & another v Tsimonjela & 2 others

Wesonga & another v Tsimonjela & 2 others [2024] KEELC 4734 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E025 of 2022

Judge

DO Ohungo

The Environment and Land Court allowed Eric Akatu’s appeal, dismissed Philis Wesonga’s appeal, and set aside a magistrate’s order awarding KShs 740,000 against Eric.

• Specific Performance
• Sale Of Land
• Breach Of Contract
• Pleadings And Relief
• Equitable Remedies
• Specific-performance

Sikuku v Siaka

Sikuku v Siaka [2024] KEELC 3945 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E010 of 2022

Judge

DO Ohungo

The Environment and Land Court allowed an appeal, holding that a boundary dispute could not be determined before the Land Registrar had fixed the boundaries.

• Boundary Disputes
• Jurisdiction Of Courts
• Pleadings And Relief
• Injunctions
• Boundary-disputes
• Land-registration-act

Mwangi v Kenya Commercial Bank Ltd

Mwangi v Kenya Commercial Bank Ltd [2024] KEHC 3283 (KLR)

Court

High Court

Case number

Commercial Case 552 of 2003

Judge

A Mabeya

The court found that the omission to award interest in the judgment of 21/10/2020 was not an accidental slip or clerical error but rather a matter of judicial discretion, which was not exercised because interest on the principal sum was not specifically pleaded by the applicant. The slip rule under section 99 of the Civil Procedure Act is limited to correcting clerical or arithmetical mistakes or accidental omissions and does not extend to substantive changes or the exercise of discretion that was not previously invoked. Since the applicant only pleaded for interest on costs and not on the pr…

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• Slip Rule
• Correction Of Judgment
• Award Of Interest
• Pleadings And Relief
• Judicial Discretion

John & 5 others v Mugambi & 3 others (Administrators of the Estate of Benjamin Revel Ndubai)

John & 5 others v Mugambi & 3 others (Administrators of the Estate of Benjamin Revel Ndubai) [2024] KEELC 1587 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 45 of 2014

Judge

CK Nzili

The court dismissed a post-judgment application seeking to have the land register revert L.R No. Ntima/Igoki/567 to the name of John Guantai Iringo.

• Customary Trusts
• Land Registration
• Rectification Of Register
• Pleadings And Relief
• Execution Of Decree
• Customary-trust

Forty Thieves Beach Bar Limited v Staudte

Forty Thieves Beach Bar Limited v Staudte [2023] KEHC 21134 (KLR)

Court

High Court

Case number

Civil Suit 113 of 2018

Judge

OA Sewe

The court found that the defendant's application was not competently before the court because it sought reliefs not pleaded in the main suit, violating the principle that courts can only grant reliefs sought in pleadings. Furthermore, the court held that the application was sub judice, as the same issue regarding the ownership and transfer of the 500 shares was pending in Nairobi Miscellaneous Cause No. 72 of 2019 between the same parties. The defendant failed to discharge the evidential burden of proving that the other suit was not pending. Even if the application were properly before the co…

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• Share Transfer
• Company Shareholding
• Sub Judice
• Succession Of Shares
• Pleadings And Relief
• Burden Of Proof