Case law
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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: FamilySuccession Cause
…Cap.21 Laws of Kenya and Order 51 praying for the substantive orders that the court to amend the arithmetical error in the judgment and the court to extent the time within which the sum calculated is to be deposited in an interest…
…That it is in the best interest of justice, fairness and expediency in all circumstances of the case that this application be allowed considering the error was not deliberate. 3.…
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: 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: 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: FamilySuccession Cause
…The persons shown as having an interest in the estate and who did not object to the grant being made to the respondents were: 1. Dora Amelea Awino 2. John Samuel Okoth 3. Janet Auma 4.…
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: FamilySuccession Cause
…It is in the interest of all concerned that this petition and all the pending applications be disposed of as soon as possible.…
Division and case type: FamilySuccession Cause
…The condition was, essentially, that the Judgment-Debtor deposits the decretal sum (calculated at KShs. 14,203,040/50 as at 12th November, 2008) in an interest–earning account (to be opened in the joint names of the advocates…
Division and case type: FamilySuccession Cause
…The respondent further in his affidavit claim that it is unfathomable that the applicant can seek injunctive orders against myself, yet he is protecting the interest of his grandchildren who are orphans.…
…Is the applicant entitled to obtain an interlocutory injunction against the interest party? The provisions for are laid out in Order XXXIX of the Civil Procedure Rules.…
Division and case type: FamilySuccession Cause
…However since there is a dispute over whether the premises are partitioned, what is evident is that the property is held by both defendants in common, it is in the in the interest of justice that all the future rent is paid…
Division and case type: Constitutional and Human RightsPetition
…It is therefore in the interest of justice that an interim order should be made exparte.…
Division and case type: Constitutional and Human RightsPetition
…/- per month commencing from 1st October, 1988 until vacant possession is given; (c) it shall pay to the creditor a sum of shs 555,900/-as the amount admitted by the debtor as payable by it to the creditor together with interest…
Division and case type: Anti-CorruptionPetition
…of Public Prosecution in reply to the Application filed a Replying Affidavit sworn on 7th July, 2015 by Laura Spira, Prosecution Counsel in the Directorate of Public Prosecutions. 14.She deponed that it was in the public interest…
Division and case type: Environment and LandPetition
…During the pendency of the suit and it will be in the interest of justice to issue an injunction against further development on the suit properties.…
Division and case type: FamilySuccession Cause
…During the pendency of the suit and it will be in the interest of justice to issue an injunction against further development on the suit properties.…