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Kenya decisions
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Ndegwa v Amollo & 3 others [2025] KEHC 10525 (KLR)
The High Court granted a conditional stay of execution pending appeal, requiring deposit of half the decretal sums within 21 days. Proceedings in the related test-suit matters were not stayed.
Saghani v Nzuve & 2 others [2023] KEHC 17302 (KLR)
The High Court found that the trial magistrate in CMCC 360 of 2013 erred by failing to adopt the finding on liability from the test suit, CMCC 856 of 2011, where the appellant's liability was determined at 15%. The purpose of a test suit is to ensure consistency and avoid contradictory findings in related matters arising from the same facts. The trial court's decision to apportion 100% liability to the appellant, despite the existence of a binding test suit determination, was wrong and undermined the rationale for having a test suit. However, the High Court also held that the appellant's appl…
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Ezekiel Kimani, Masibo Boniface & Martin Nabwora v Pius Oyomno Gwara [2020] KEHC 4975 (KLR)
The High Court allowed an appeal against refusal to amend a defence, holding that delay alone was not enough to deny leave where fraud was alleged.
Socfinaf Company Limited (Githumuini Estate) v Joseph Yasulwe Makalama & Kenyatta University [2017] KEHC 9138 (KLR)
The court found that the application for review did not meet the threshold set out under Order 45 of the Civil Procedure Rules, as it was not based on discovery of new evidence or error apparent on the record, but rather on the refusal to grant an adjournment—a matter of judicial discretion. The proper remedy for dissatisfaction with such a decision was an appeal, not a review. Furthermore, there was unreasonable delay in bringing the application for review, with no explanation provided for the eight-month gap. The court held that the trial court was functus officio after delivering judgment,…
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Talib Haji Hamidi Ali (Suing as legal representative and administrator of the estate of Hassan Talib Hamid Ali) v Akamba Public Road Services Ltd [2006] KEHC 825 (KLR)
The court found that the defendant's application to be struck out was premature because the decision in the test suit (Nairobi HCCC No. 63 of 2001) was under appeal and had not been finally determined. The possibility remained that the Court of Appeal could overturn or affirm the decision, creating uncertainty as to liability. The court further held that the defendant was a necessary and proper party to the suit, as the deceased was a passenger in the defendant's vehicle, and the plaintiff was entitled to sue the defendant. The appropriate course for the defendant would have been to pursue th…
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