Search court decisions

…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.…

…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.…

…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.…

…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.…

…The amendment also affected prayer (c) in respect of interest under which the appellant now claimed interest on the decretal amount (principal and costs) from February 4, 1983 being the date of repudiation of liability up…

…order interest at such rate as the Court deems reasonable to be paid on the principal sum adjudged from the date of the suit to the date of the decree in addition to any interest adjudged on such principal sum for any period…

…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.…

…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.…

…On the issue of interest the plaint claimed 26% per annum and the hire purchase agreement provided for interest “at the ruling rate” —clause 2(c) of the hire-purchase agreement.…

…Interest to be paid on a decretal sum is a matter for the discretion of the trial judge.…

…On the issue of interest, under section 26 of the Civil Procedure Act (Chapter 21 of the Laws of Kenya) the court has discretion to award interest but such discretion is to be exercised judiciously bearing in mind established…

…In this case the principle to be applied is that interest on special damages is from the date of filing suit.…

…He clearly had in mind the interest of the 2nd respondent as distinct from that of the 1st respondent. She claimed to have contributed Kshs 1,000/- and yet had not been heard.…

…With no evidence relating to her interest on record there was no foundation to form a basis for any appeal by her.…

…on that sum by virtue of any enactment relating to interest on judgments.”…

…This sum was inclusive of interest at the rate of 12% per annum on the decretal sum with effect from 18th January, 1992. That interest was to continue accruing until payment in full.…

…The taxpayer was therefore obliged to pay both recurrent interest and the once-for-all fees.…

…The fees paid for those securities did not produce this advantage any more than interest paid.…

…(c) Interest on the sum awarded at court rates from the date of filing suit until payment in full”.…

…The third, fourth and sixth grounds of appeal are that the plaintiff failed to prove the damages claimed by it; that it failed to mitigate the damage, and that interest on damages was wrongly awarded.…

…(c) Interest on the sum awarded at court rates from the date of filing suit until payment in full”.…

…The third, fourth and sixth grounds of appeal are that the plaintiff failed to prove the damages claimed by it; that it failed to mitigate the damage, and that interest on damages was wrongly awarded.…

…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.…

…Considering the number of applications and costs involved and the interest charged, the appellant has to be satisfied that the figures are correct before he can firmly submit that judgment was entered for Kshs 68,477.25.…

…I think it is worthwhile to indicate to the appellant that so long as the … remains uncertified it becomes more costly in the end as the interest would have increased.…

…What the defendant may have wanted was to set aside the judgment of Scriven, J declaring an overriding interest. But having failed to achieve that before Scriven, J then he would have to fail before Porter, J.…

…It was not that Scriven, J had doubt, so much as that he left it to the registrar how the latter should register the overriding interest.…

…The interest charged was the usual bank rate. The set-off was irrelevant to a claim based on a note which was the same as cash.…

…He awarded the respondent the costs of the suit together with interest of 12% a year from the date of the judgment until payment in full.…

…The defence filed by the state cousel had pleaded a denial of publishing the said words and in the alternative it had pleaded a fair comment made in good faith and without malice upon a matter of public interest.…

…In the circumstances he had, therefore, found that the words complained of were fair comment on a matter of public interest which were honest and free from malice or improper motive.…