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 Case
…This sum, plus the interest at the bank’s provised rate of 20% per annum is to be paid out to the plaintiff.…
…Kshs.200,000/= (b) loss of interest on rents ………………….Kshs. 30,000/= (c) loss of time on re-negotiation of the loan facility ……………………………Kshs. 35,000/= (d) loss of interest on the depositof Kshs.575,000/= and on legal fees…
Division and case type: CivilCivil Case
…This sum, plus the interest at the bank’s provised rate of 20% per annum is to be paid out to the plaintiff.…
…Kshs.200,000/= (b) loss of interest on rents ………………….Kshs. 30,000/= (c) loss of time on re-negotiation of the loan facility ……………………………Kshs. 35,000/= (d) loss of interest on the depositof Kshs.575,000/= and on legal fees…
Division and case type: CivilCivil Case
…“By consent interest on the sum of Kshs. 65,000 shall be 27% from the date the loan was obtained......”…
…There is no indication in the material before me to guide the court n whether or not the said interest was compounded yearly.…
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: 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: CivilCivil Case
…Mr Oyatsi’s submission with regard to compound interest was that the defendant was entitled to charge compound interest under the contract between the parties.…
…Is there a rule of public policy prohibiting the charging of interest before money on which the interest is charged passes over to the person to pay the interest?…
Division and case type: High Court CivilCivil Suit
…suit even if the interest and costs amount to over Kshs. 3,000,000.…
…The said amount has attracted interest. Interest is not liability arising out of the Accident. It is interest on the amounts due. I do not find a clam that Kshs. 3,4446,995 is beyond the statutory period.…
Division and case type: High Court CivilCivil Suit
…the interest accumulated and continues to accumulate until payment in full. 6.…
…Regarding the issue of interest and costs of the suit Mr.…
Division and case type: High Court CivilCivil Suit
…Blacks Law Dictionary 8 th Edition defines Public Interest as “The general interest of the public that warrants recognition and protection.”…
…Public Interest is that in which the general public would have a stake and/or interest. ‘ Public Interest Litigation’ is that litigation where the Plaintiff/Petitioner is seeking to advance the Public interest as opposed…
Division and case type: High Court CivilCivil Suit
…Blacks Law Dictionary 8 th Edition defines Public Interest as “The general interest of the public that warrants recognition and protection.”…
…Public Interest is that in which the general public would have a stake and/or interest. ‘ Public Interest Litigation’ is that litigation where the Plaintiff/Petitioner is seeking to advance the Public interest as opposed…
Division and case type: High Court CivilCivil Suit
…Submitting on whether it had an interest in the suit, it relied on PW1’s testimony admitting that the Plaintiff owed it money pursuant to an unpaid loan that continued to accrue interest.…
…That it was therefore in the Interested Party’s interest that judgment be entered in favor of the Plaintiff against the Defendants in order that it may recover the principal sum and interest.…
Division and case type: High Court CivilCivil Suit
…interest at a rate of 30% p.a. 9.…
…price was paid in full minus interest. 61.…
Division and case type: High Court CivilCivil Suit
…(ii) The Court be pleased to adopt the revised interest computation annexed in the supporting affidavit herein as accurately reflecting the interest lawful interest due.…
…It is clear, from the record, that the Applicant purports that the interest indicated in the decree issued on 9.10.2023 does not reflect the interest awarded in the ruling delivered on 16.06.2015 and in the judgment entered…
Division and case type: High Court CivilCivil Suit
…Regarding the assessment of the commercial rate of interest, Mr Marima deposed that the court was functus officio.…
…Mr Munyithya submitted that the calculation of the quantum of interest would be done by the Deputy Registrar once this court had fixed the commercial rate of interest.…
Division and case type: Environment and Land CourtCivil Suit
…Furthermore, the applicant stated that whereas interest was not payable and the matter being fully settled by payment of the balance of the award, any interest to be charged on the amount should give account for the sum of…
…That the total interest payable is Kshs.755,681/-.…
Division and case type: High Court CivilCivil Suit
…the interest accumulated and continues to accumulate until payment in full. 6.…
…Regarding the issue of interest and costs of the suit Mr.…
Division and case type: High Court CivilCivil Suit
…interest to accumulate to astronomical figures.…
…In that case, the court held that being of public interest, the in duplum rule applies to all those lending monies, as "the rule was introduced in our Laws to tame the appetite of Lenders who had made recovery of interest…
Division and case type: Environment and Land CourtCivil Suit
…That section 26(2) of the Civil Procedure Act applies where interest is awarded from the date of filing suit, but the decree herein is silent on further interest after judgement.…
…That in the instant case, no interest was awarded and it does not matter that the decree is silent on payment of further interest.…
Division and case type: High Court CivilCivil Suit
…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…
…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.…