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: 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: 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 Suit
…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.…
Division and case type: CivilCivil Appeal
…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.…
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: 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: 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: 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: 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 Suit
…The plaintiff however claims that since his interest to the suit property is being threatened by the defendant (see the defendant’s advocate’s letter dated 5.1.89) and the arbitration process does not provide a procedure…
…for protecting such interest pending the determination of the dispute through the process, his only remedy was to file a court action and apply for an interim injunction.…
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…