Case law
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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
…He further claimed interest on each item and the costs of the suit.…
…He then allowed interest on that sum from the date of judgment until payment in full. Mr Muthike raised a number of issues in disputing these calculations.…
Division and case type: CivilCivil Appeal
…She did this in order to protect her interest and the interest of her children. The appellant then brought proceedings in the High Court seeking an order for the removal of the caution.…
Division and case type: CivilCivil Case
…Special Damages – Shs.1,150/-, less 10% thereof, with interest thereon at court rates with effect from the date when the suit was filed; 2.…
…General Damages – Shs.125,000/-, less 10% thereof, with interest thereon at court rates with effect from the date hereof. 3. Costs of the suit less 10% thereof. These shall be my orders.…
Division and case type: CivilMiscellaneous Civil Application
…Order XXXV rule 1 reads in part. “1 (1) In all suits where a plaintiff seeks judgement for:- (a) a liquidated demand with or without interest; or (b) ..................................... where the defendant has appeared…
…the plaintiff may apply for judgement for the amount claimed, or part thereof, and interest, or for recovery of the land and rent or mesne profits”.…
Division and case type: CivilCivil Appeal
…It is not in dispute that the respondent was unable to service the mortgage and soon fell into grave arrears compelling Daima Bank to demand payment of the principal sum together with interest which stood at Shs.43,269,829.15…
…Daima Bank also counter-claimed for Shs.44,919,216 together with interest at the rate of 4% per month from 30th September, 1997 until payment in full allegedly in respect of an account of overdraft and loan facilities granted…
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…
Division and case type: CivilCivil Case
…There is no indication of a trust nor a notification of any other interest of any other nature.…
…The instrument creating the trust will be deposited with the Registrar and the trustee thereof shall hold the land subject to any unregistered interest.…
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 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 respondent was entitled to have the decretal sum deposited in an interest bearing account.…
…Nor will either party lose if the sum is actually paid with interest at court rates.…
Division and case type: CivilCivil Case
…He claims that sum together with interest and cost. There is a further claim of general damages.…
…The first instalment to be paid with interest of Shs 3000/-.…
Division and case type: CivilCivil Case
…To the plaintiff these defendants were well aware of the interest of the plaintiff in the suit premises at the time they purchased the same.…
…Being innocent purchasers for value and having subsequently obtained registration as absolute proprietors their rights and interest to the suit premises were indefeasible.…
Division and case type: CivilCivil Case
…On 19th June 1985 that caution was removed apparently on the ground that he Plaintiff had failed to prove her interest as owner. On 18th February 1985 the Plaintiff filed this suit in this court.…
…There is no evidence he did anything adverse to he title of Titus Nganga Kairu or the interest of the first Defendant. Titus Nanga Kairu died before the Plaintiff’s husband died.…
Division and case type: CivilMiscellaneous Civil Application
…if any, that each party stands to suffer depending on how the Court exercises its discretion; the conduct of the parties, the need to balance the interests of a party who has a decision in his or her favour against the interest…
…of a party who has a constituency underpinned right of appeal, the need to protect a partly opportunity to fully agitate it’s dispute, against the need to ensure timely resolution of disputes, the public interest issues…
Division and case type: CivilCivil Appeal
…In the premises, I find that the learned trial magistrate erred by not giving appellant judgment for 7,000/= which had been admitted and paid plus interest at court rates.…
…I therefore set aside her dismissal order and substitute there to an order for Judgment of 7,000/= for the plaintiff plus interest at court rates from the date of filing which was on 2.12.1992 until6.4.93 when the same was…
Division and case type: CivilCivil Suit
…On May 14, 1985 an interlocutory judgment was entered against both the defendants with a sum of Kshs 450 together with interest for special damages.…
…I therefore enter judgment for the plaintiff in the following terms: a) General damages Kshs 40,000 b) Specific damages Kshs 450 c) Costs of the suit d) Interest on the above at 12% as from the date of the judgment.…
Division and case type: CivilCivil Appeal
…The section simply stops a judge, a legal practitioner or officer connected with any court of Justice from buying or trafficking in, or stipulating for, or agreeing to receive, any share of, or interest in, in any actionable…
…That section primarily stops any such person from having an interest in an actionable claim. It does not talk of an advocate having no right to receive moneys on behalf of his client. Acting on Mr.…
Division and case type: CivilCivil Suit
…My view on this is that the suit was very much in the interest of the company.…
…She had to protect her interest. If this was without authority and ultra vires her powers, is another matter. What is true is that she saved the destruction of the goose that brings forth the golden eggs.…
Division and case type: CivilCivil Case
…plaintiff testified that after the vehicle was stolen he was unable to pay the hire purchase charges to the hire-purchase company which eventually successfully sued him for the balance of the hire purchase amount and accrued interest…
…mind, the claim is reasonable and having not been challenged in crossexamination I allow the figure, with the result that I give judgment to the plaintiff against the defendant in the sum of Kshs.872,360/= with costs and interest…