What the court is being called to determine by the present application is what currency the interest due and payable herein should be paid in. I note that in the decision by the court herein the decretal amount was to be paid in US Dollars.
I find that the court having pronounced itself that the decretal amount has to be paid in US Dollars, then it follows that the interest and resultant costs therein should be calculated in the same currency. This therefore settles the question before this court as to what currency should the interest be paid in. In the interest of justice, let the finding of the court by its decision of 04/07/2022 remain that the amount due and owing be paid in US Dollars.
The matter now shall be put to rest as there is nothing else pending for consideration by the court. Parties are directed to meet their own costs of the present motions before this court. It is so ordered.
DATED, SIGNED AND DELIVERED VIRTUALLY AT NAIROBI THIS 26 TH DAY OF MAY 2025
………………………………..
J.W.W. MONG’ARE
JUDGE
In the Presence of:-
Mr. Masika for the Plaintiff.
Mr. Maiyo for the Defendant.
Amos - Court Assistant
I find that the court having pronounced itself that the decretal amount has to be paid in US Dollars, then it follows that the interest and resultant costs therein should be calculated in the same currency. This therefore settles the question before this court as to what currency should the interest be paid in. In the interest of justice, let the finding of the court by its decision of 04/07/2022 remain that the amount due and owing be paid in US Dollars.
The matter now shall be put to rest as there is nothing else pending for consideration by the court. Parties are directed to meet their own costs of the present motions before this court. It is so ordered.
DATED, SIGNED AND DELIVERED VIRTUALLY AT NAIROBI THIS 26 TH DAY OF MAY 2025
………………………………..
J.W.W. MONG’ARE
JUDGE
In the Presence of:-
Mr. Masika for the Plaintiff.
Mr. Maiyo for the Defendant.
Amos - Court Assistant