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Leley & 36 others v Stabex International Limited [2025] KEELC 5074 (KLR)
The court partly allowed a preliminary objection, striking out the 2nd to 36th plaintiffs for lack of written authority, but declined to strike out the whole suit.
Gami Properties Limited v Chief Land Registrar & another; National Land Commission & 2 others (Interested Parties) [2025] KEELC 4783 (KLR)
The Environment and Land Court struck out the 2nd Interested Party, holding it had no identifiable stake in the indemnity dispute and was improperly joined.
Humphrey & 2 others v Nzioka (Being Sued as the Legal Administrator of the Estate of Willy Kahore Wanjiku alias Nicholas Nzioka Ndambuki - Deceased); Konza Mali Limited & 119 others (Interested Parties) [2025] KEELC 4384 (KLR)
The Environment and Land Court dismissed an application to strike out parties and halt participation, holding that it could not invalidate a limited grant of representation.
Eldorado Gardens Limited v Thuranira & another [2025] KEHC 8742 (KLR)
The court found that the pleadings did not establish a cause of action against the 2nd Defendant, as there was no evidence of a contractual relationship or guarantee executed by him in favour of the Plaintiff. The alleged guarantee was disputed, and a forensic expert had determined that the signature was not his. Furthermore, the Plaintiff had not issued any demand to the 2nd Defendant, and liability of the principal debtor (the 1st Defendant) had not yet been established. The court held that pursuing a claim against a purported guarantor before establishing the principal debtor's liability i…
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Tysons Limited v JW Wambugu & IN Gitere t/a Wacira Wambugu & Company Advocates [2025] KEHC 6576 (KLR)
The court found that the defendant, J.W. Wambugu, was a partner in the law firm that issued the professional undertaking at the material time. The fact that he later ceased to be a partner or advocate does not absolve him of liability under the undertaking, as such undertakings are personally binding until performed, discharged, or waived. The court held that the defendant is a necessary party for the effective and complete adjudication of the issues, particularly the enforcement of the professional undertaking. There was no legal justification to strike out the defendant from the suit, and t…
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Matuva v Aimi Ma Kilungu Limited & another [2025] KEELC 3599 (KLR)
The court found that the 2nd Defendant is a necessary party to the proceedings because the Plaintiff seeks substantive orders, including a permanent injunction and registration as proprietor, which would directly affect the 2nd Defendant's proprietary interests if she is indeed the registered owner of the suit property. The court applied the test for necessary parties, holding that her presence is required for the effectual and complete adjudication of the dispute and to avoid multiplicity of suits. The application to strike out the 2nd Defendant was therefore dismissed as lacking merit.
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Kanisa Regulated Non-WTD Savings and Credit Cooperative Society Limited v Martin & another [2025] KECPT 258 (KLR)
The tribunal found that the application to strike out the 2nd respondent was premature because the issues raised—whether the caveat was withdrawn and whether the 2nd respondent is no longer the registered owner of the collateral motor vehicle—are matters of evidence that can only be properly interrogated at trial. The tribunal emphasized that the power to strike out a party should not be exercised where the determination of the application would require the court to delve into the merits of the case or evaluate contested evidence. As such, the application lacked merit and was dismissed with c…
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Onchiri & 489 others v Omani & 11 others [2025] KECA 695 (KLR)
The Court of Appeal allowed an application to strike out dissolved corporate respondents and to join additional land occupants as interested parties.
Patel & another v Limuru Hills Limited & another [2025] KEELC 3009 (KLR)
The Environment and Land Court allowed an application to amend a plaint after the suit property was sold, and struck out the deceased 2nd Plaintiff's name.
Chepsiror v Ruto & another [2025] KEHC 4126 (KLR)
The Preliminary Objection raised by the 2nd Defendant is merited because Article 143(2) of the Constitution of Kenya 2010 provides immunity to the President from civil proceedings instituted against them during their tenure in office for actions taken in exercise of their constitutional powers.
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