Kenya Case Law

Dhiman v Shah

Dhiman v Shah [2025] KECA 1264 (KLR)

Court

Court of Appeal

Case number

Civil Appeal E380 of 2023

Judges

PO Kiage, WK Korir, JM Ngugi

The Court of Appeal held that setting aside the ex parte judgment of 16th September 1999 nullified all consequential orders, including the vesting order and transfer of the suit property to the respondent. The court found the loan agreement void for unconscionability, as the interest rate of 36% compounded quarterly over decades would result in an oppressive and disproportionate liability, violating principles of fairness and equity. The court rejected the argument that the agreement was illegal under the Banking Act, finding no evidence the respondent was engaged in habitual money lending. T…

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• Loan Agreements
• Unconscionable Contracts
• Public Auction Of Property
• Rectification Of Land Register
• Unjust Enrichment

Kagwimi Kang'ethe & Company Advocates v Wachira

Kagwimi Kang'ethe & Company Advocates v Wachira [2024] KEHC 14020 (KLR)

Court

High Court

Case number

Miscellaneous Application 121 of 2017

Judge

FG Mugambi

The High Court allowed execution of a taxed-cost decree by ordering sale of the respondent’s property by public auction after rejecting her alleged prior payment evidence.

• Execution Of Decree
• Taxation Of Costs
• Advocate Client Relationship
• Public Auction Of Property
• Execution-of-decree
• Taxation-of-costs

Kipkulei v Musk Deer Limited & another

Kipkulei v Musk Deer Limited & another [2024] KEELC 5729 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 1 of 2019

Judge

LL Naikuni

The court found that the affidavits sought to be admitted as additional evidence were not new, as they were in the possession of the appellant at the time of the hearing. The affidavits arose from a criminal inquiry into the handling of sale proceeds, not the legality of the sale or the jurisdictional issue at the heart of the appeal. The court held that there were no exceptional circumstances to warrant the admission of the affidavits at the appellate stage. The application was viewed as an attempt to strengthen the appellant's case rather than to address a genuine evidentiary gap. The court…

Source excerpt

• Admission Of Additional Evidence
• Appellate Procedure
• Jurisdiction Of Trial Court
• Public Auction Of Property
• Preliminary Objection
• Costs Award

Kihang’a & Company Advocates v Xplico Insurance Ltd

Kihang’a & Company Advocates v Xplico Insurance Ltd [2022] KEHC 11177 (KLR)

Court

High Court

Case number

Miscellaneous Application 211 of 2017

Judge

MM Kasango

The High Court allowed inhibition over one property and authorized its sale by public auction to recover Kshs.85,279.80, but refused to include unrelated decrees.

• Advocate Client Costs
• Execution Of Decree
• Inhibition Orders
• Public Auction Of Property
• Advocate-client-costs
• Execution-of-decree

Charles Muriithi Karuthiru v Paul Nthinwa Mumbi

Charles Muriithi Karuthiru v Paul Nthinwa Mumbi [2019] KEHC 11467 (KLR)

Court

High Court

Case number

Civil Appeal 50 of 2014

Judge

CM Kamau

High Court appeal over refusal to set aside a public auction sale under Order 22. The court held the sale had not become absolute, but upheld the magistrate’s discretion and dismissed the appeal.

• Execution Of Decree
• Public Auction Of Property
• Setting Aside Sale
• Redemption Rights
• Judicial Discretion
• Valuation Disputes

Mwatech Enterprises Ltd v Equatorial Commercial Bank Ltd

Mwatech Enterprises Ltd v Equatorial Commercial Bank Ltd [2018] KEHC 3426 (KLR)

Court

High Court

Case number

Civil Case 17 of 2017

Judge

RPV Wendoh

The High Court found both parties in breach of a consent settlement over a bank debt and CRB listing, and stayed execution for 45 days to allow renegotiation.

• Consent Judgments
• Loan Settlement Disputes
• Credit Reference Bureau Listings
• Contractual Breach
• Enforcement Of Settlement
• Public Auction Of Property