Case law
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Division and case type: Milimani Commercial CourtsMiscellaneous Application
…The important thing is that the interest is part of the Plaintiff's claim as instructed to its advocates, and the value of interest is determinable.…
…the interest would be applied.…
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
…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 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: 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: 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 CourtsCase number Civil Application
…From Ashford’s advocate came a letter dated September 18, 1984, indicating their lack of interest in the matter and telling the defendant to address further correspondence to the plaintiff.…
…Ashford has, as is clear from the correspondence, divested itself of any interest in this fungicide. If their agents maintain an interest in it, they must do so as agents and without their principal’s concurrence.…
Division and case type: Milimani Commercial CourtsCivil Case
…The husband’s assertion is that she is a customary wife who is now lawfully divorced and the nature of the interest she may have in the matrimonial home and in the car (his counsel does not deny that the wife has some interest…
…in the property) together with the incidents of such an interest can only be determined in accordance with Kikuyu Customary Law at the trial of the originating summons.…
Division and case type: Milimani Commercial CourtsCivil Case
…I accordingly enter Judgment as prayed in the sum of Ksh. 789,649/= plus costs and interest. The question of general damages is to be tried on vivo voce evidence at a date to be taken at the registry.…
Division and case type: Milimani Commercial CourtsCivil Case
…The charge document, i.e. annexture AN1 at page 7 of the plaintiff’s supporting affidavit to the Notice of Motion Application dated 12th January 2012 contains a schedule which narrates that the rate of interest is 18% and…
…Taking into account that the interest was to be calculated on a reducing balance basis as per clause 2 of the charge, the principal sum would not be the stated Kshs. 200,000/-, but would be much less than the loan purported…
Division and case type: Milimani Commercial CourtsCivil Case
…The prayers pleaded are:- (a) Kshs.101,574,900/=; (b) Exemplary and punitive damages (c) Interest at court rates from date of filing suit; (d) Costs together with interest thereon.…
…by express surrender in case the lessee yields up his interest under the lease to the lessor under mutual agreement between them by implied surrender or by forfeiture or on expiration of notice to quit.…
Division and case type: Milimani Commercial CourtsCivil Case
…examined the proceedings in this matter and it does seem that the plaintiff’s sole intention, in filing this suit was to obtain an injunction, as it did on 17th September 2003, and once that was achieved the plaintiff lost interest…
Division and case type: Milimani Commercial CourtsCriminal Case
…Really it is not a battle between the State and the Court for they both represent the common interest of the people in their joint quest to find the correct solution for the commonweal.…
…It is as much in the public interest that breaches of the law should be punished, as it is to ensure that in the process of doing so the people are not bashed about so that they lose respect for the law.…
Division and case type: Milimani Commercial CourtsCivil Case
…In the result, in Suit No 1288, I give judgment for the infant Plaintiff against the Defendants jointly and severally for the sum of Shs 55,000 with interest at the normal Court rate from the date of plaint to the date of…
…the Plaintiff against the defendants jointly and severally for Shs 122,000 of which Shs 20,00 represents damages for loss of expectation of life and Shs 102,000 being damages under the Fatal Accidents Act (cap 32) with interest…
Division and case type: Milimani Commercial CourtsCivil Case
…There will therefore be judgment for the plaintiff against the defendants in the sum of Kshs 20,000 general damages together with interest thereon calculated at court rates from the date hereof viz 3rd day of November, 1986…
…until he same are paid by the defendants to the plaintiff and I order that the defendants do pay to the plaintiff the costs of this suit such costs to be taxed if not agreed and to bear interest thereon at court rates from…
Division and case type: Milimani Commercial CourtsCivil Case
…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: Milimani Commercial CourtsCivil Case
…The Town Planning Legislation however was enacted to protect the public interest and not the land developers, consequently the plaintiff does not have an action for breach of Statutory duty which duty arises out of this legislation…