Kenya Case Law

Surgilinks Limited v Njimia Pharmaceuticals Limited

Surgilinks Limited v Njimia Pharmaceuticals Limited [2025] KEHC 10056 (KLR)

Court

High Court

Case number

Commercial Case E112 of 2023

Judge

PM Mulwa

The court found that the Plaintiff and Defendant had a valid contract for the supply of goods, with express terms providing for payment within 60 days and a 3% monthly interest on overdue accounts. The Defendant admitted the debt and did not produce evidence to challenge the Plaintiff's claim or the contractual interest rate. The Defendant's objections regarding the calculation of interest and alleged discrepancies in the invoices were not substantiated by evidence and were clarified by the Plaintiff's witness. The court held that the in duplum rule under the Banking Act did not apply, as the…

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• Contractual Interest
• Sale Of Goods
• Enforcement Of Contracts
• Uncontested Claims

Shri Krishna Overseas Limited v Mac’s Pharmaceuticals Limited

Shri Krishna Overseas Limited v Mac’s Pharmaceuticals Limited [2025] KEHC 9024 (KLR)

Court

High Court

Case number

Civil Appeal E333 of 2023

Judge

H Namisi

The High Court allowed a contract and debt appeal, finding documentary evidence proved the sale relationship and unpaid invoices on a balance of probabilities.

• Contract Formation
• Sale Of Goods
• Burden Of Proof
• Documentary Evidence
• Contract-formation
• Sale-of-goods

Polythene Industries Limited v Kilimanjaro Carvings Export Ltd

Polythene Industries Limited v Kilimanjaro Carvings Export Ltd [2025] KEHC 8644 (KLR)

Court

High Court

Case number

Civil Suit E239 of 2023

Judge

H Namisi

The High Court found the defendant liable for Kshs 10,440,463.87 for supplied goods, relying on bounced cheques and email admissions, but declined contractual penalty interest.

• Breach Of Contract
• Sale Of Goods
• Burden Of Proof
• Interest On Debt
• Breach-of-contract
• Sale-of-goods

Beya v Mwilitsa

Beya v Mwilitsa [2025] KEHC 7124 (KLR)

Court

High Court

Case number

Civil Appeal 54 of 2023

Judge

PJO Otieno

The court found that the sale agreement between the parties did not specify when legal title to the motor vehicle would pass, but evidence at trial established that transfer of ownership was an indispensable obligation of the appellant. The appellant admitted he did not transfer the vehicle's legal title, and the vehicle was not registered in his name. The court held that, under the Sale of Goods Act and the Traffic Act, legal title to a motor vehicle passes only upon registration of transfer, and the seller must have the right to sell and ensure quiet possession. The repossession of the vehi…

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• Sale Of Goods
• Transfer Of Title
• Implied Warranties
• Motor Vehicle Transactions

Corrugated Sheets Limited v Varsani Merchandise Limited

Corrugated Sheets Limited v Varsani Merchandise Limited [2025] KEHC 6598 (KLR)

Court

High Court

Case number

Civil Suit 13 of 2019

Judge

E Ominde

The court found that while a business relationship and supply of goods between the parties was not in dispute, the plaintiff failed to discharge the burden of proof required to establish the alleged debt. The only evidence produced by the plaintiff were invoices and a financial statement, without supporting delivery notes, local purchase orders, or acknowledgment of receipt by the defendant or its authorized agents. The court held that, in the absence of such corroborative evidence, and given the defendant's denial of the extent of indebtedness and challenge to the authenticity of the documen…

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• Sale Of Goods
• Burden Of Proof
• Contractual Liability
• Evidence Of Delivery
• Running Accounts

Mabati Rolling Mills Limited & another v Kariuki

Mabati Rolling Mills Limited & another v Kariuki [2025] KEHC 6656 (KLR)

Court

High Court

Case number

Civil Appeal E333 of 2023

Judge

JM Nang'ea

The High Court dismissed an appeal against a Small Claims Court award for defective iron sheets, upholding jurisdiction, timeliness, and special damages.

• Sale Of Goods
• Implied Warranties
• Merchantable Quality
• Product Liability
• Limitation Of Actions
• Burden Of Proof

Al-Husnain Motors Limited & another v Kiprono

Al-Husnain Motors Limited & another v Kiprono [2025] KEHC 5755 (KLR)

Court

High Court

Case number

Civil Appeal 18 of 2023

Judge

JRA Wananda

High Court appeal over a disputed motor vehicle sale, payment, and repossession was dismissed after the court found the respondent proved full payment and unlawful attachment.

• Sale Of Goods
• Agency Relationships
• Burden Of Proof
• Contractual Obligations
• Remedies For Breach
• Evidence Production

Mburu t/a Carlos Auto Spares v Munene

Mburu t/a Carlos Auto Spares v Munene [2025] KEHC 5668 (KLR)

Court

High Court

Case number

Civil Appeal E024 of 2023

Judge

FN Muchemi

High Court appeal over refund for engine and discs sold for a Ford Escape. The court found the respondent proved his claim and dismissed the appeal with costs.

• Sale Of Goods
• Burden Of Proof
• Return Of Goods
• Contractual Remedies
• Sale-of-goods
• Burden-of-proof

Musyoki v Mercedes Center Limited & 2 others

Musyoki v Mercedes Center Limited & 2 others [2025] KEHC 5682 (KLR)

Court

High Court

Case number

Civil Appeal E1192 of 2024

Judge

AC Mrima

The High Court found that the trial magistrate erred by disregarding the established agency relationship between the 1st and 2nd Respondents, which authorized the 1st Respondent to sell the vehicle on behalf of the 2nd Respondent. The Appellant, having paid the full purchase price and entered into a valid sale agreement, acquired possessory and beneficial ownership of the vehicle. The 2nd Respondent's unilateral repossession was unjustified, as his recourse lay against the 1st Respondent for any breach of their agency arrangement, not against the bona fide purchaser. The trial court's relianc…

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• Agency Relationship
• Sale Of Goods
• Ownership Of Motor Vehicles
• Remedies For Breach Of Contract

Digithu Hotel Limited v Mwangi t/a Jaycmi Enterprises

Digithu Hotel Limited v Mwangi t/a Jaycmi Enterprises [2025] KEHC 6373 (KLR)

Court

High Court

Case number

Civil Appeal E170 of 2021

Judge

DO Chepkwony

The court found that the respondent produced delivery notes and invoices signed by the appellant's employees upon receipt of goods, and explained that invoices were only stamped upon payment. The appellant did not provide evidence to rebut the respondent's claim or to show that the documents were unauthenticated. The court held that the evidentiary burden shifted to the appellant, who failed to discharge it. The trial court's reliance on unstamped invoices was justified given the explanation provided, and there was no error in the trial court's judgment. The appeal was therefore dismissed for…

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• Sale Of Goods
• Burden Of Proof
• Evidence Of Delivery
• Contractual Debt
• Documentary Evidence