Case law
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Division and case type: High Court CivilCivil Suit
…The claims of the public interest will be a relevant factor, in the exercise of such discretion, as will also be the motivations and conduct of the parties, before, during, and subsequent to the actual process of litigation…
…the exercise of those powers: Provided that the costs of any action, cause or other matter or issue shall follow the event unless the court or judge shall for good reason otherwise order. (2) The court or judge may give interest…
Division and case type: CivilCivil Suit
…The plaintiff has filed this application for a summary judgment against the defendant in respect of the plaintiff’s claim in the plaint for Kshs 1,795,595.85 together with interest thereon at 19% and costs.…
…The rest of the claim is mainly for interest. Secondly, under section 30 of the Act, every party whose signature appears on a bill is prima facie deemed to have become a party thereto for value.…
Division and case type: CivilCivil Appeal
…REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI MILIMANI LAW COURTS Civil Case 6153 of 1992 Locus standi – rate payers – whether a rate payer has sufficient interest to challenge in court the action of a public body whose…
…I think that it is now well settled that a ratepayer as opposed to a tax payer, has sufficient interest as such, to challenge in court the action of a public body to whose expenses he contributes.…
Division and case type: CivilCivil Appeal
…He also prayed for damages for loss of use of the car from 23rd February, 1994 and costs of the suit plus interest.…
…I entertain no doubts that the parties who have shown a keen interest in the disposal of the matter shall intimate to the deputy registrar of this Court where they next want to be heard.…
Division and case type: CivilCivil Appeal
…When the application came before Aluoch J ex parte on 25th April 1994, she declined to grant the orders sought by the Mayor and directed that all the defendants be served as the matter was of some general public interest.…
…It is common knowledge that the 1st respondent has in fact resigned his office as Mayor and as far as he is concerned that question is merely of academic interest.…
Division and case type: CivilCivil Appeal
…Consequently, the respondent asked for judgment against the appellant in the form of an eviction order and the costs, and interest on the costs, for having to bring this into court.…
…On July 1, 1974 the appellant registered a caution claiming a purchaser’s interest.…
Division and case type: High Court CivilCivil Suit
…The principles governing the award of interest are now well settled.…
…suit is only claimable where under an agreement there is stipulation for the rate of interest (contractual rate of interest) or where there is no stipulation, but interest is allowed by mercantile usage (which must be pleaded…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…The court also awarded costs of the suit and interest on the decretal sum from the date of the judgment. 2.…
…+ any interest before filing of suit + interest from the date of filing to the date of judgment) until payment in full or such other shorter period as the court may direct. 24.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…rate on the decree which was silent on further interest.…
…of the rate of interest under section 26(2) of the Civil Procedure Act.…
Division and case type: High Court DivCivil Appeal
…The terms of the contract provided for payment of interest; the Adjudicator erred by declining to award interest. 5. The Adjudicator erred in believing that the issue of interest was time-barred. 6.…
…Interest on the amount and cost 10.…
Division and case type: High Court DivCivil Appeal
…fact when he delivered judgment in favour of the plaintiff but failed to state when the interest should start running or failed to state that the interest do start running from the date of filing the suit. 4.…
…The law on interest is provided for under Section 26 of the Civil Procedure Act.…
Division and case type: High Court DivCivil Appeal
…The terms of the contract provided for payment of interest; the Adjudicator erred by declining to award interest. 5. The Adjudicator erred in believing that the issue of interest was time-barred. 6.…
…On those grounds, the Adjudicator declined the claim for interest. 18.…
Division and case type: High Court DivCivil Appeal
…Instead, interest prior to the date of the suit is a matter of substantive law and is only claimable where under an agreement there is stipulation for the rate of interest (contractual rate of interest) or where there is…
…no stipulation, but interest is allowed by mercantile usage (which must be pleaded and proved) or where there is statutory right to interest or where an agreement to pay interest can be implied from the course of dealing…
Division and case type: CivilCivil Appeal
…together with interest at court rates.…
…(b) Interest on the said sum of Shs 190,956.70 pa from 26th June, 1981 to date until payment in full together with interest at court rates.…
Division and case type: High Court DivCivil Appeal
…instant one accrues interest from the date of filing suit.…
…Under Section 26(1) of the Civil Procedure Act, courts have discretion to award interest and to determine the date from which such interest accrues.…
Division and case type: High Court DivCivil Appeal
…instant one accrues interest from the date of filing suit.…
…Under Section 26(1) of the Civil Procedure Act, courts have discretion to award interest and to determine the date from which such interest accrues.…
Division and case type: High Court DivCivil Appeal
…That his life interest in the property supersedes his children’s interest in the property.…
…Ideally, an estate ought not be distributed during life interest.” A life interest is to be enjoyed by the surviving spouse until death (or remarriage in the case of a widow).…
Division and case type: High Court CivilCivil Appeal
…Award of interest 2. Operative dates i.e., Date(s) of commencement of calculation of interest, and 3. Rate thereof; 4.…
…interest at 6 per cent per annum. 10.…
Division and case type: High Court CivilCivil Appeal
…Award of interest 2. Operative dates i.e., Date(s) of commencement of calculation of interest, and 3. Rate thereof; 4.…
…interest at 6 per cent per annum. 10.…
Division and case type: High Court CivilCivil Appeal
…letter/notice to show that they made any demand for payment of interest on retention and when in 2016 they accepted the payment without demanding for interest and that no demand was made before instituting the suit. vi.…
…The Appellants argued that Clause 32.1 contained no provision for interest on delayed payment of the final account. Similarly, Clause 26.1 contained no provision for interest on delayed payment of retention monies.…