Case law
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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 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: CivilCivil Case
…Wamalwa & Co Advocates for payment of Kshs 1,373,832.40 with interest thereon at 32% per annum from 20.12.96 until receipt of the said sum from M/s Wambugu & Co Advocates and henceforth interest thereon at 27% such interest…
…Consequently if the injunction were granted with some condition, the respondents interest could be fairly safeguarded.…
Division and case type: CivilCivil Case
…Wamalwa & Co Advocates for payment of Kshs 1,373,832.40 with interest thereon at 32% per annum from 20.12.96 until receipt of the said sum from M/s Wambugu & Co Advocates and henceforth interest thereon at 27% such interest…
…Consequently if the injunction were granted with some condition, the respondents interest could be fairly safeguarded.…
Division and case type: Milimani Commercial CourtsCivil Case
…Osmond upheld a decision of Kuloba J. where the learned Judge found that the interest charged on the principal sum was not only unreasonable but also unconscionable and manifestly excessive.…
…In the present case the defendant has charged interest on arrears in addition to interest due. Indeed, the said interest on arrears forms the highest figure of what is being claimed by the defendant.…
Division and case type: Milimani Commercial CourtsCivil Case
…The defendant argues that it was entitled to charge the interest rate applied and the amount or legality of the interest charged does not affect the validity of the facility.…
…The notices have the following paragraph:- “As you are aware the interest rate scenario has changed significantly in the recent months, as a result of increase in interest rates offered by Central Bank of Kenya on Treasury…
Division and case type: Milimani Commercial CourtsCivil Case
…The witness further explained that due to the plaintiff’s default, the loan escalated due to interest charges and penalties.…
…The Court should also determine what interest rates if any should be awarded to the defendant.…
Division and case type: Milimani Commercial CourtsCivil Case
…His interest is extinguished. If there were only two joint tenants, the survivor is now seised or possessed of the whole.” Counsel for the plaintiff is of a different view.…
…In my view, the non-survivorship of interest in a joint tenancy on the demise of one of them is the most distinctive feature of joint tenancy. The late Reuben Mutua died on 17.7.2000.…
Division and case type: Milimani Commercial CourtsCivil Case
…(d) What clause of the alleged contract provided for the payment of interest at the rate of 24% per annum? (e) What was the consideration for the advancement of the loan to the Defendant?”…
…(c) Basis of charging interest at the rate of 24% p.a. (d) What was the consideration?” Particulars dated 20th July, 2005 were provided by the Plaintiff as follows:- “ Of paragraph 3.…
Division and case type: Milimani Commercial CourtsCivil Case
…Under cap 281, The Registration of Titles Act section 32 it is therefore ineffectual to pass any interest in land on transfer to the Plaintiff.…
…The head lease is a legal interest in the land. The sub-lease is not. The second objection relates to paragraph 3046 above quoted.…
Division and case type: CivilCivil Case
…Total Kshs 110,000/- with interest at court rates from the date of judgment until payment in full. 2. 2 nd Plaintiff – Moses Macharia Muya General damages for pain, suffering and loss of amenities Kshs 70,000/- with interest…
…at court rates from the date of judgment until payment in full. 3. 3 rd Plaintiff – Rachel Wanjira Kamau General damages for pain, suffering and loss of amenities Kshs 45,000/- with interest at court rates from the date…
Division and case type: CivilCivil Case
…indicated that LR 6585/482 was sold for Kshs 35,000 out of the proceeds of sale some Kshs 7,004 was paid as land rent and Kshs 18, 085.95 was claimed by Nyahururu Municipal Council in respect of arrears of Land rent and interest…
…; the Council may waive the interest if the full Council approves the decision of the appropriate Committee further a sum of Kshs 5,689.60 went to costs of trying to sell the security before the case was filled while the…
Division and case type: CivilCivil Case
…No reply to the amended defence was filed, and by a request for judgement dated 16th June, 1997, the 1st defendant requested for an interlocutory judgement for Kshs.864,220/= general and exemplary damages and costs and interest…
…I am satisfied that she proved her counterclaim on a balance of probabilities and I find judgement for her against the plaintiffs jointly and severally in the sum of Kshs.864,220/= plus costs and interest at court rates.…
Division and case type: Milimani Commercial CourtsCivil Case
…It now claims from the defendant this balance with interest as on the filing of the suit amounting to Kshs 4,162,500, together with interest at court rates until payment in full and costs etc.…
…put the plaintiff in the steps of the company; that the letter of January 7, 1985 (Ex A) was not admissible in evidence because it was written after the transfer; and that it was an unregistered document relating to the interest…
Division and case type: Milimani Commercial CourtsCivil Case
…This was, therefore, an eminently appropriate arrangement meeting the court’s sanction to safeguard her interest having regard to all the circumstances.…
…That such is the court’s duty is also reinforced by section 17 of the Guardianship of Infants Act which provides for the infant’s interest to be the paramount consideration.…
Division and case type: CivilCivil Case
…person” capable of being joined as plaintiff or defendant, or capable of seeking any orders or moving the Court in any manner within the meaning of order 1 rule 1& 3 of the Civil Procedure (Revised) Rules. 6) That in the interest…
…Lastly, costs and interest as and where applicable. This Court (Githinji J) granted a decree of possession on 30th April 1991 pursuant to application under o XXXV Civil Procedure Rules.…
Division and case type: Milimani Commercial CourtsCivil Case
…The only complaints which are contained in the plaint and on which the application is based are that the defendant’s computation of the sum due is wrong in that it is based on wrong figures and excessive interest charges…
…With regard to the complaint that excessive or wrongful interest was charged, I think it should be noted that the applicant does not claim to be a qualified accountant or auditor.…
Division and case type: CivilCivil Case
…...................PLAINTIFF VERSUS WANGARI KONGU.......................................................DEFENDANT JUDGMENT This is a suit in which the plaintiff asks for decleration that the defendant has no proprietary interest…
…Accordingly, the defendant has no proprietary interest over the suit property, the plaintiff is the bona fid owner of the suit property; the plaintiff be and he shall be registered as such; The defendant shall deliver up…