The High Court at Meru appointed the applicant as guardian and manager for a man found by medical report to be of unsound mind, for specified pending cases and any appeals.
The High Court held that a consent giving the applicant occupation of property included control and rent collection, ordered handover, and directed valuation of rent due.
The High Court ordered interim rental income management for four disputed properties, with rent to be collected by a jointly appointed agent and shared equally pending trial.
Mwinzi & another v Kimanzi & 4 others [2022] KEHC 13406 (KLR)
Court
High Court
Case number
Civil Case E12 of 2021
Judge
HK Chemitei
The court found that the applicant had established a prima facie case that her shareholding and directorship in the 2nd plaintiff company may have been interfered with fraudulently, and that the transfer of shares and changes in company management require full trial to determine their validity. The court held that the assets and shareholding of the company must be preserved pending trial to prevent irreparable harm and to maintain the status quo. The court also found that the 5th respondent is the registered owner of one of the disputed properties, but the manner of acquisition should be dete…
Florence Wanjiku Gitau v Natu Investments Limited & Chabrin Agencies Limited [2020] KEHC 2226 (KLR)
Court
High Court
Case number
Civil Case 862 of 2010
Judge
F Tuiyott
The Court found that Chabrin Agencies Limited acted as agent for both the Plaintiff and the 1st Defendant by conduct, despite the lack of formal acceptance. The agreement's structure made the Plaintiff responsible for income tax on the net proceeds, as she was the beneficial recipient of the income, and the contract did not shift this liability to the Defendants. However, VAT for the relevant period was to be paid by Natu, and failure to remit Kshs.808,737/= (as supported by the audit) made Natu liable for this sum and any penalties. The increase in license fees after 31st August 2009 was not…
Oksana Investment Supplies Limited v Alice Wanjiru Wamwea [2019] KEHC 5507 (KLR)
Court
High Court
Case number
Civil Case E121 of 2018
Judge
MM Kasango
The High Court allowed an interlocutory application over rental income from auctioned property, ordering a rent audit, injunction, and property management measures.
Dorothy Wanjiku Waweru v Sam Kanyingi Macharia [2018] KEELC 662 (KLR)
Court
Environment and Land Court
Case number
Environment & Land Case 346 of 2016
Judge
DO Ohungo
The court found the defendant in contempt for interfering with court-appointed property managers and rent collection, and fined him KShs 200,000 or three months’ imprisonment in default.
The court found that the respondents and other alleged contemnors were fully aware of the court's interim orders, as evidenced by their attendance in court, interactions with the process server, and their own admissions. The applicants established, through affidavits and oral testimony, that the respondents breached specific court orders by collecting rent, selling produce, and intimidating witnesses, thereby interfering with the administration of justice. The court rejected the respondents' argument that lack of personal service absolved them, holding that knowledge of the order suffices for…
Michieli Alberto, Monti Jean Pierre, Riva Patrizia, Daniele Colla & 36 others v Oversee Management Kenya Ltd & Waterlily Properties Limited [2017] KEELC 2709 (KLR)
Court
Environment and Land Court
Case number
Environment & Land Case 131 of 2015
Judge
JO Olola
The court found the defendants breached sub-lease obligations to provide services and maintain common areas at a Malindi resort, awarding part of the claimed sum and declining general damages.