In the application dated 28.07.2022, the Plaintiffs seek review of the judgment delivered on 21.01.2021 on the ground that there is an error on the face of the record and prays the court award them interest from the date of filing suit. The application is opposed and the parties have filed written submissions in addition to brief submissions made by counsel.
The court rendered judgment on 21.01.2021 by awarding the Plaintiffs Kshs. 726,214 subject to apportionment of liability between the Defendants and Third Party with costs and interest.
The fact that the court did not specify interest, means that the normal rule on interest would apply on the decretal sum which is that interest on special damages would accrue from the date of filing suit and interest on general damages would accrue from the date of judgment. There is therefore no error on the face of the record as the court awarded interest.
The Plaintiff’s application dated 28.07.2022 is dismissed with costs.
DATED and DELIVERED at NAIROBI this 7th day of NOVEMBER 2023
D. S. MAJANJA
JUDGE