Case law
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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: CONSTITUTIONAL AND HUMAN RIGHTS DIVISIONPetition
…We may add that all that a party needs to do is to demonstrate sufficient interest in the suit; and the interest need not be the kind that must succeed at the end of the trial.” Application of the Principle 6.…
…The Court does not also look for a prima facie case of the applicant’s interest in the suit.…
Division and case type: Constitutional and Human RightsPetition
…The only unpaid claim was in respect to interest demanded.…
…the order and suspend its operation if I felt that it would be in the interest of justice so to do, in order to enable the company to pay the interest.…
Division and case type: Constitutional and Human RightsPetition
…He prayed the petitioner to be awarded that sum with interest and costs.…
…Interest in my view is awarded on liquidated amounts from the date of filing. Interest on amounts to be ascertained by court are normally awarded from the date of judgment.…
Division and case type: CivilCivil Suit
…The plaintiff however claims that since his interest to the suit property is being threatened by the defendant (see the defendant’s advocate’s letter dated 5.1.89) and the arbitration process does not provide a procedure…
…for protecting such interest pending the determination of the dispute through the process, his only remedy was to file a court action and apply for an interim injunction.…
Division and case type: Constitutional and Human RightsPetition
…The loan was to carry interest at 15% p.a. and in default of any instalment on due date the company would pay interest at 17% on the sum remaining in default.…
…That led to the accrual of interest as agreed in the constant order. By February 1994 total amount owed by the Petitioner is Kshs 6,282,050/10 which is admitted by the company in its letter of February 12, 1994.…
Division and case type: Anti-CorruptionCivil Suit
…From the affidavit evidence before me it is clear that the respondents have an interest and rights over the suit property.…
…They have deponed in their affidavits that Kigotho Kabiru Njuguna (under Kigotho) who the applicants allege is their landlord, has no interest or rights over the property.…
Division and case type: CivilCivil Suit
…On May 14, 1985 an interlocutory judgment was entered against both the defendants with a sum of Kshs 450 together with interest for special damages.…
…I therefore enter judgment for the plaintiff in the following terms: a) General damages Kshs 40,000 b) Specific damages Kshs 450 c) Costs of the suit d) Interest on the above at 12% as from the date of the judgment.…
Division and case type: CivilCivil Suit
…My view on this is that the suit was very much in the interest of the company.…
…She had to protect her interest. If this was without authority and ultra vires her powers, is another matter. What is true is that she saved the destruction of the goose that brings forth the golden eggs.…
Division and case type: CivilCivil Suit
…I enter judgment for that sum together with special damages of Kshs 500 with interest and costs. D C PORTER JUDGE 5.2.86…
Division and case type: Constitutional and Human RightsPetition
…Subsequently on the 29th of June, 1987 one Margaret Wagate Nyamu filed an objection to the petition stating that she was a beneficiary having a life interest in the deceased’s estate on the grounds that: (a) She is also a…
…This to my mind is the factual position in that the petitioner at no time has she denied the interest of objector and her children in this piece of land. The clan land.…
Division and case type: CivilCivil Suit
…....................DEFENDANT JUDGMENT In his plaint dated 7th July, 1992 the plaintiff claims the following from the defendant: (a) Special damages in the sum of Shs 1000/- (b) General damages (c) Costs of the suit and interest…
…Finally, there will be judgment against the defendant in favour of the plaintiff in the total sum of Shs 126,000/- plus costs and interest at court rates. Dated and Delivered at Nakuru this 14th day of September 1994.…
Division and case type: CivilCivil Suit
…Nowrojee submitted that the plaintiffs could not assign their interest in a judgment before it was delivered and Mr Machira asserted that they could be neither produced any authority on the point one way or the other.…
…Until he does so, he has no interest in whether the appeal has been filed in time or is being prosecuted expeditiously. The application must be dismissed and the applicant must pay the cost of it. Mr.…
Division and case type: CivilCivil Suit
…Ultimately, I have awarded the plaintiff the followingfigures: (1) 3 month salary in lieu of notice with interest from the date of the plaint ..…
…Shs.14,400/- (2) Salary for April and May 1988 with Interest from the date of the plaint .. Shs. 9,200/ (3) General damages...................…
Division and case type: CivilCivil Suit
…plaintiff is seeking judgmentagainst the defendant for Shs. 316. 581/ 75 together with interestthereon at 19 % p.a. from 1st March, 1990 till full repayment.The plaintiff is also asking for costs of the suit togetherwith interest…
…The defendant is asking for interest on thissum together with costs of the counter-claim. Looking at the evidence on record we find that the areaof dispute is rather narrow.…
Division and case type: CivilCivil Suit
…This is a case where the defendant acted in a high handed manner without regard to the interest of the plaintiff.…
…I therefore award the plaintiff a sum of Kshs 250,000/- in general damages plus costs of the suit and interest from the date of this judgment. Dated and delivered at Eldoret this 5th day of October, 1993 S. K.…
Division and case type: Constitutional and Human RightsPetition
…The first being whether the interest on the sum of 2,786,945/65 deposited with HFCK that has accrued should be paid to the Petitioner. Mr Gatonye has rightly conceded that this should be so and I so order.…
Division and case type: CivilCivil Suit
…filed a suit against the defendant seeking orders that an order do issue for the defendant to return title No Nandi/Kamoiywo/982 or in the alternative to pay the sum found to M/s Standard Chartered Bank Kapsabet, costs and interest…
…As regards the amount due this arises from a bank loan whose figure varies from time to time due to interest accrual and as such the plaint is properly framed as the plaintiff will have to prove in his formal proof as to…
Division and case type: CivilCivil Suit
…The plaintiff claims the refund of the said sum of shs. 1,000,000/= plus interest thereon at 20% per annum.…
Division and case type: CivilCivil Suit
…the consent of the decree -holder or without the consent of the decree -holder for sufficient cause shown order that the payment of the amount decreed be postponed or be made by instalments on such terms as the payment of interest…