Case law
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Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…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.…
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
…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 Appeal
…The respondent herein had filed suit in the superior court on 12th April, 1995 against the appellant herein for the recovery of K.Shs. 1,194,330/- together with interest thereon at the rate of 43% per annum from 23rd February…
…The appellant’s position was that there was no agreement between him and the respondent which entitled the respondent to charge any interest on the principal sum and on account of this, the interest claimed by the respondent…
Division and case type: CivilCivil Appeal
…On September 11th, 1984, Mohamedali Nazerali Jiwa appointed Naushad Hussein Mohamedali Jiwa, the plaintiff, to be his attorney and generally in relation to his interest in the above mentioned title to do anything and everything…
…The defendants therefore claimed that the plaintiff ceased to have any right, title or interest in the parcel of land. The defendants admitted having had the register rectified but denied it was done fraudulently.…
Division and case type: CivilCivil Appeal
…The interest granted to the respondent in the letter of allotment dated June 25, 1970 was certainly not that of a licensee.…
…In my view the section gives a guide on determining the nature of interest where the letter of allotment has not specified the same.…
Division and case type: CivilCivil Appeal
…First it may be applied literally: if a judge is in fact a party to the litigation or has a financial or proprietary interest in its outcome then he is indeed sitting as a judge in his own cause.…
…In that case, the mere fact that he is a party to the action or has a financial or proprietary interest in its outcome is sufficient to cause his automatic disqualification.…
Division and case type: CivilCivil Appeal
…Notwithstanding this, and the alleged medical condition, the appellant was retired in the public interest, and not on medical grounds, by a letter dated March 21, 1977, with effect from that date.…
…The letter referred to a memorandum written by his counsel, which I presume, had the effect of translating the situation from one of dismissal without rights to one of retirement in the public interest.…
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: CivilCivil Appeal
…There is nothing to suggest that Mr Rice’s occupation would indicate another interest.…
…on the part of some other person, whose interest he knowingly and wrongly defeats by that registration.…
Division and case type: CivilMiscellaneous Application
…In making his application for my disqualification, Mr Deverell, for the applicant, did not suggest that I had any proprietary or pecuniary interest in this litigation or any actual bias against his client.…
…I am satisfied that there was no such danger in the instant case for the following reasons. (1) I have no pecuniary or financial interest in the outcome of the litigation. (2) I have no proprietary interest in the outcome…
Division and case type: CivilCivil Appeal
…By a notice of motion made to the High Court under Order XXXV rule 1 of the Civil Procedure Rules, the respondent applied for summary judgment against the appellant for the sum of Kshs 933,750 together with interest and costs…
…Ashford has, as is clear from the correspondence, divested itself of any interest in the 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: CivilCivil Appeal
…Section 30 of the Registered Land Act provide for over riding interest not to be noted in the register. Section 28 preserves the rights of a proprietor not liable to be defeated except as provided in the Act.…
…It is a proviso that is commonly applied where brothers or relatives are entitled to or have an interest in land but only one of them particularly the senior member of the family is Simon Odinga v Charles Sande the registered…
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: CivilCivil Appeal
…The appellant’s plaint of May 13, 1980 claimed jointly and severally from the respondents Kshs 131,868.30 with interest at 10% a year from February 1, 1980 until payment in full together with costs and interest at court rates…
…They were all served with summons to enter appearance to this but none did and judgment in default was entered against them on September 22, 1981 for Kshs 164,835.35 with 10% interest a year on it until payment in full with…
Division and case type: CivilCivil Appeal
…In making his application for my disqualification, Mr Deverell, for the applicant, did not suggest that I had any proprietary or pecuniary interest in this litigation or any actual bias against his client.…
…I am satisfied that there was no such danger in the instant case for the following reasons. (1) I have no pecuniary or financial interest in the outcome of the litigation. (2) I have no proprietary interest in the outcome…