Case law
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Division and case type: CivilCivil Appeal
…On the issue of interest, under section 26 of the Civil Procedure Act (Chapter 21 of the Laws of Kenya) the court has discretion to award interest but such discretion is to be exercised judiciously bearing in mind established…
…In this case the principle to be applied is that interest on special damages is from the date of filing suit.…
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 Case
…admits that he had a transaction for the transfer of the land in dispute to the applicant predecessor in title and that the transaction occurred in 1979; if this was so then in effect the respondent is saying that he had no interest…
Division and case type: CivilCivil Case
…admits that he had a transaction for the transfer of the land in dispute to the applicant predecessor in title and that the transaction occurred in 1979; if this was so then in effect the respondent is saying that he had no interest…
Division and case type: CivilCivil Appeal
…keeping awards for the loss of all amenities at a sensible level, bearing in mind the local figures for inflation, and testing each award by relating it to the appellant’s gross annual earnings and or by what the annual interest…
…rare incident of this type of injury, I would respectfully agree with Kneller, JA whose judgment I have had the advantage of reading in draft, that a sum of Kshs 475,000 paid in a lump sum, and sensibly invested to earn interest…
Division and case type: CivilCivil Appeal
…keeping awards for the loss of all amenities at a sensible level, bearing in mind the local figures for inflation, and testing each award by relating it to the appellant’s gross annual earnings and or by what the annual interest…
…rare incident of this type of injury, I would respectfully agree with Kneller, JA whose judgment I have had the advantage of reading in draft, that a sum of Kshs 475,000 paid in a lump sum, and sensibly invested to earn interest…
Division and case type: CivilCivil Appeal
…co-lessees ( who are the second, third and fourth respondents respectively ) for Kshs 400,000.00 and have borrowed money from Barclays Bank for the purpose against the Bank’s security of a charge on this proposed lease –hold interest…
Division and case type: CivilCivil Appeal
…During the pendency of the suit and it will be in the interest of justice to issue an injunction against further development on the suit properties.…