Search court decisions

…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.…

…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…

…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.…

…the interest accumulated and continues to accumulate until payment in full. 6.…

…Regarding the issue of interest and costs of the suit Mr.…

…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…

…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…

…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.…

…interest at a rate of 30% p.a. 9.…

…price was paid in full minus interest. 61.…

…(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…

…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.…

…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/-.…

…the interest accumulated and continues to accumulate until payment in full. 6.…

…Regarding the issue of interest and costs of the suit Mr.…

…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…

…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.…

…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.…

…An amicus has no interest in the decision being made either way, but seeks that it be legal, well informed, and in the interest of justice and the public expectation.…

…The purpose of such joinder is to accord him an opportunity of being heard on matters which he may have a stake or legal interest.…

…He pleaded further that the 1st Defendant has deliberately and without regard to the Plaintiff’s interest charged and maintained an unconscionable interest rate and debited the Plaintiff’s loan account with other charges…

…The 1st Defendant further pleaded that, in any event, the Plaintiff does not specify to what extent the interest charged was unconscionable nor does he indicate the period which such interest was charged nor does he specify…

…The aforementioned agreement also provided that interest on the facility would be 36%, and in the event of default, the default interest rate would be 17% above the stated rate. 14.…

…The agreement between the parties herein sets the interest rate at 36% p.a., with an additional penalty clause setting the default rate at 17% p.a. above the initial interest rate. 40.…

…shall vest in the surviving tenant or tenants jointly; or (c) Each joint tenant may transfer their interest inter vivos to all the other tenants but to no other person and any attempt to so transfer an interest to any other…

…Unity of interest means that the interest of each joint tenant is the same in extent, nature and duration, for in theory of law, they hold just one estate.…