Kenya Case Law

Wagah v Mwai

Wagah v Mwai [2025] KEELC 5249 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E017 of 2023

Judge

AE Dena

The appellate court found that the trial court did not err in dismissing the application for summary judgment, as the defence raised bona fide triable issues, including a boundary dispute and denial of encroachment, which required determination at trial. The court affirmed that summary judgment is a draconian remedy reserved for clear cases with no defence, and the presence of a plausible defence necessitates a full hearing. However, the appellate court held that the dismissal of the suit for non-attendance was not justified, as counsel for the appellant was present in the morning holding bri…

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• Summary Judgment
• Dismissal For Non Attendance
• Right To Be Heard
• Court Discretion
• Reinstatement Of Suit

Aza Motoring Logistics Limited v Lolmodooni & 2 others

Aza Motoring Logistics Limited v Lolmodooni & 2 others [2025] KEELC 5120 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case E006 of 2024

Judge

LN Mbugua

The Environment and Land Court dismissed a summary judgment application in a land trespass dispute, holding that the plaintiff had to prove its unliquidated claim at formal proof.

• Summary Judgment
• Trespass To Land
• Injunctive Relief
• Burden Of Proof
• Summary-judgment
• Land-trespass

Kamau & another v Green Valley Limited & another

Kamau & another v Green Valley Limited & another [2025] KEELC 4900 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case E133 of 2024

Judge

JM Onyango

The court found that although the sale agreement contained a default clause providing for a penalty in the event of breach, both parties accused each other of breaching the agreement and both acknowledged the refund of the deposit. The Respondents filed a defence raising the triable issue of which party was in breach. The court held that the existence of such triable issues precluded the grant of summary judgment. The court emphasized that summary judgment is only appropriate where there is no bona fide defence and the matter is plain and obvious. Since the Respondents' defence raised substan…

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• Summary Judgment
• Breach Of Contract
• Sale Of Land
• Triable Issues

Transafrica Motors Limited v County Government of Mombasa

Transafrica Motors Limited v County Government of Mombasa [2025] KEHC 9448 (KLR)

Court

High Court

Case number

Commercial Case E050 of 2024

Judge

J Ngaah

The court found that the plaintiff's suit was filed outside the three-year limitation period prescribed by section 3 of the Public Authorities Limitation Act. The cause of action accrued in May 2021, and the suit was filed in August 2024, making it statute-barred. The court held that ongoing negotiations or promises to pay by the defendant do not suspend or extend the statutory limitation period. The mandatory language of the statute required the court to strike out the suit as time-barred, regardless of the merits or the plaintiff's reasons for delay. The court relied on binding precedent an…

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• Limitation Of Actions
• Summary Judgment
• Public Authorities Limitation
• Contractual Debt
• Striking Out Pleadings

Ndisya Trading Company Limited v Nairobi Flour Mills Limited

Ndisya Trading Company Limited v Nairobi Flour Mills Limited [2025] KEHC 9452 (KLR)

Court

High Court

Case number

Commercial Appeal E029 of 2021

Judge

AA Visram

The High Court found that the Appellant's Preliminary Objection on territorial jurisdiction was not a pure point of law but required factual determination, thus was properly dismissed by the subordinate court. The court held that the trial magistrate correctly exercised discretion in granting summary judgment, as the Appellant failed to file a Replying Affidavit to controvert the Respondent's evidence, and mere grounds of opposition did not suffice. The issuance of dishonoured cheques by the Appellant was deemed an admission of indebtedness. The lower court's decision was found to be reasonab…

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• Summary Judgment
• Territorial Jurisdiction
• Preliminary Objection
• Dishonoured Cheques

Kenyatta Matibabu Sacco v Otieno

Kenyatta Matibabu Sacco v Otieno [2025] KECPT 360 (KLR)

Court

Cooperative Tribunal

Case number

Cause E401 of 2024

Judges

Janet Mwatsama, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw, PO Aol

The Cooperative Tribunal awarded Kenyatta Matibabu Sacco KES 1,295,483.01 against a defaulting member, with costs and interest at Tribunal rates.

• Loan Default
• Recovery Of Debt
• Summary Judgment
• Quantification Of Damages
• Loan-default
• Debt-recovery

Shoppers Sacco Society Ltd v Maina

Shoppers Sacco Society Ltd v Maina [2025] KECPT 335 (KLR)

Court

Cooperative Tribunal

Case number

Tribunal Case 393/E383 of 2023

Judges

Janet Mwatsama, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw, PO Aol

The Cooperative Tribunal dismissed an application to set aside summary judgment, finding the applicant had been duly served and the judgment was regular.

• Service Of Process
• Summary Judgment
• Setting Aside Judgment
• Service-of-process
• Summary-judgment
• Setting-aside-judgment

Agnes Waithira Kamau t/a Dee Ann School v NIC Bank Kenya PLC

Agnes Waithira Kamau t/a Dee Ann School v NIC Bank Kenya PLC [2025] KEHC 9388 (KLR)

Court

High Court

Case number

Commercial Appeal 004 of 2022

Judge

AA Visram

The High Court allowed an appeal against striking out a defence in a loan shortfall dispute, holding that issues on undervalue sale and the true arrears were triable.

• Summary Judgment
• Triable Issues
• Loan Default
• Repossession And Sale
• Pleadings Striking Out
• Summary-judgment

Mbugua t/a Ng’ang’a & Co Advocates v Orion East Africa Limited & 5 others

Mbugua t/a Ng’ang’a & Co Advocates v Orion East Africa Limited & 5 others [2025] KEHC 8775 (KLR)

Court

High Court

Case number

Civil Suit E611 of 2023

Judge

FG Mugambi

The High Court dismissed a bid for summary judgment, finding the application unsupported by affidavit, procedurally unavailable under Order 36, and raising triable issues.

• Summary Judgment
• Pleadings
• Triable Issues
• Procedural Incompetence
• Summary-judgment
• Civil-procedure

Wambugu v Okeyo

Wambugu v Okeyo [2025] KECPT 327 (KLR)

Court

Cooperative Tribunal

Case number

Tribunal Case 590/E616 of 2023

Judges

Janet Mwatsama, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw, PO Aol

The Tribunal awarded Kshs. 212,185 to a claimant whose shares were used to satisfy a guarantor default, but dismissed an unproven claim for lost dividends.

• Loan Guarantees
• Default And Recovery
• Dividend Loss
• Summary Judgment
• Loan-guarantees
• Default-and-recovery