Search court decisions

…Net Ksh.204,000/- Special damages Net Ksh. 5,780/- Net Total Ksh.209,780/- I award the cost of this suit and interest on General Damages from the date of this judgment.…

…Interest on Special Damages from the date of filing suit. Dated this 14th day of June 1999 at Nairobi. M.A. ANG’AWA JUDGE…

…The second defendant having failed to repay the principal sum and interest thereon, a receiver and manager was appointed by the plaintiff, subsequently, the suit was filed on 16th July, 1987.…

…More over in my view the 2nd defendant can only lease or let what belongs to him and not an interest which is already subject of a charge. ‘He who comes to equity must come with clean hands’.…

…place no proprietary interest which could be wrested from it and given away to Rockland Kenya Ltd.…

…in Stones Ltd, and since Saul and Nyambu who also had interest in Stones Ltd had assumed the running of the company, and were thus, trustees of the plaintiff, as far as his interest in Stones Ltd was concerned.…

…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…

…......................................DEFENDANT JUDGMENT By this suit filed on 29th June, 1995 by the plaintiff against the defendants, the plaintiff claims special damages of shs.6,336,000/- loss of business, costs and interest…

…(b) Loss of business for 2 months at $ 20,000 Per month - Shs 2,580,000/- Total Shs.5,500,000/- (c) Cost of the suit (d) Interest on (a), (b) and (c) from usual dates and or usual court rates.…

…......................................DEFENDANT JUDGMENT By this suit filed on 29th June, 1995 by the plaintiff against the defendants, the plaintiff claims special damages of shs.6,336,000/- loss of business, costs and interest…

…(b) Loss of business for 2 months at $ 20,000 Per month - Shs 2,580,000/- Total Shs.5,500,000/- (c) Cost of the suit (d) Interest on (a), (b) and (c) from usual dates and or usual court rates.…

…Of course, everybody knows he had none, but if the plaintiff advanced an account which he felt was inaccurate, it was in his own interest to put forward his version.…

…I would give relief that is just in the circumstances of this case at shs. 100,000/- together with interest at court rates from today’s date.”…

…....................DEFENDANT JUDGMENT In his plaint dated 7th July, 1992 the plaintiff claims the following from the defendant: (a) Special damages in the sum of Shs 1000/- (b) General damages (c) Costs of the suit and interest…

…Finally, there will be judgment against the defendant in favour of the plaintiff in the total sum of Shs 126,000/- plus costs and interest at court rates. Dated and Delivered at Nakuru this 14th day of September 1994.…

…I think that a court of equity, will not normally withhold the remedy of specific performance from an applicant seeking to enforce a contract relating to land or interest in land unless there is anything in the contract or…

…Furthermore, the 2nd Defendant not being an innocent purchaser for value, acquired title to that land, whatever interest it was, subject to the overriding interests of the Plaintiff over the said land to which he was aware…

…The amount awarded if invested will earn interest that would compensate for the inflation.…

…The only other matter is the question of interest. Though the award of interest is at the discretion of the Court, Mr.. Geogiadis conceded to this ground straight away which saved Mr.. Inamdar submitting on it.…

….- The Plaintiff shall be paid costs of the suit and interest. Delivered and dated this 21st day of November, 2000. KASANGA MULWA JUDGE…

….- The Plaintiff shall be paid costs of the suit and interest. Delivered and dated this 21st day of November, 2000. KASANGA MULWA JUDGE…

…plaintiff is seeking judgmentagainst the defendant for Shs. 316. 581/ 75 together with interestthereon at 19 % p.a. from 1st March, 1990 till full repayment.The plaintiff is also asking for costs of the suit togetherwith interest…

…The defendant is asking for interest on thissum together with costs of the counter-claim. Looking at the evidence on record we find that the areaof dispute is rather narrow.…

…respondent against the appellant in the sum of shs.460,500/= as follows: General Damages - shs.432,000/= Special Damages - Shs. 28,500/= ------------- Total Shs.460,500/= ------------- The sum of shs.28,500/= will carry interest…

…at 12% per annum from 15th September, 1989 until the date of payment and the sum of shs.432,000/= will carry interest at the rate of 12% per annum from 27th day of June, 1996 until the date of payment.…

…The letter of objection itself contains these relevant portions:- “That the Hon Chief Justice may, in the interest of justice being seen to be done, wish to appoint a different Bench (from the one which heard the other appeal…

…With great respect, it is my firm view that purported words of courtesy in the objection correspondence apart, the gist of the objection is no more and no less than saying- “In the interest of justice we ask for Judges of…

…Nowrojee submitted that the plaintiffs could not assign their interest in a judgment before it was delivered and Mr Machira asserted that they could be neither produced any authority on the point one way or the other.…

…Until he does so, he has no interest in whether the appeal has been filed in time or is being prosecuted expeditiously. The application must be dismissed and the applicant must pay the cost of it. Mr.…

…The first defendant was not formed at the request of Transnational Bank Limited and the said Bank has no interest in the first defendant.…

…In my view the logical conclusion is that the bank has no interest in the first defendant. In the pleadings there are no allegations of forgery against the 3rd defendant Mrs Gladys Boss Shollei.…

…Ultimately, I have awarded the plaintiff the followingfigures: (1) 3 month salary in lieu of notice with interest from the date of the plaint ..…

…Shs.14,400/- (2) Salary for April and May 1988 with Interest from the date of the plaint .. Shs. 9,200/ (3) General damages...................…

…I enter judgment for that sum together with special damages of Kshs 500 with interest and costs. D C PORTER JUDGE 5.2.86…