Case law
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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: 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: Constitutional and Human RightsPetition
…The loan was to carry interest at 15% p.a. and in default of any instalment on due date the company would pay interest at 17% on the sum remaining in default.…
…That led to the accrual of interest as agreed in the constant order. By February 1994 total amount owed by the Petitioner is Kshs 6,282,050/10 which is admitted by the company in its letter of February 12, 1994.…
Division and case type: Constitutional and Human RightsConstitutional Petition
…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: Constitutional and Human RightsPetition
…Subsequently on the 29th of June, 1987 one Margaret Wagate Nyamu filed an objection to the petition stating that she was a beneficiary having a life interest in the deceased’s estate on the grounds that: (a) She is also a…
…This to my mind is the factual position in that the petitioner at no time has she denied the interest of objector and her children in this piece of land. The clan land.…
Division and case type: Constitutional and Human RightsPetition
…The first being whether the interest on the sum of 2,786,945/65 deposited with HFCK that has accrued should be paid to the Petitioner. Mr Gatonye has rightly conceded that this should be so and I so order.…
Division and case type: Constitutional and Human RightsElection Petition
…The interest of the public in election petitions was rightly stressed…..but it is very much in the interest of the public that the matter should be speedily determined. (2) In contrast, for example….. in this country, the…
…It would be manifestly inconvenient and against public interest if by later service in one case and subsequent delay in those proceedings the hearing of other petitions could be held up. (4) Respondents may deliver recriminatory…
Division and case type: Constitutional and Human RightsPetition
…It is therefore in the interest of justice that an interim order should be made exparte.…
Division and case type: Constitutional and Human RightsConstitutional Petition
…The rational as clearly stated the petitioners in Muruatetu was in tandem with decision by Supreme Court of India in Rajandra Rao v Sharan AIR {1958} ALL 775, 787 defines as “a right which is an interest recognized and protected…
…In my view the interest protected by Section 8 of the Act, entrenched, done under the ambit of the prerogative of mercy constitutional.…
Division and case type: Constitutional and Human RightsPetition
…/- per month commencing from 1st October, 1988 until vacant possession is given; (c) it shall pay to the creditor a sum of shs 555,900/-as the amount admitted by the debtor as payable by it to the creditor together with interest…
Division and case type: Constitutional and Human RightsElection Petition
…It is to be pointed out that it is not only the petitioner who has an interest in the outcome of the petition but also members of the constituency concerned.…
…It is also for public interest that the question be determined in a judicial system. section 23 (d) of the Act states that the election court shall decide all matters that come before it without undue regard to technicalities…
Division and case type: Constitutional and Human RightsConstitutional Petition
…evidence so that the Petition may properly proceed as drawn. (3) Properly understood, Article 159 of the Constitution does not cure defects on jurisdiction; it only excuses “undue regard to technicalities of procedure” in the interest…
Division and case type: Constitutional and Human RightsJudicial Review
…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.…