Search court decisions

…The defendant argues that it was entitled to charge the interest rate applied and the amount or legality of the interest charged does not affect the validity of the facility.…

…The notices have the following paragraph:- “As you are aware the interest rate scenario has changed significantly in the recent months, as a result of increase in interest rates offered by Central Bank of Kenya on Treasury…

…Osmond upheld a decision of Kuloba J. where the learned Judge found that the interest charged on the principal sum was not only unreasonable but also unconscionable and manifestly excessive.…

…In the present case the defendant has charged interest on arrears in addition to interest due. Indeed, the said interest on arrears forms the highest figure of what is being claimed by the defendant.…

…Cap.21 Laws of Kenya and Order 51 praying for the substantive orders that the court to amend the arithmetical error in the judgment and the court to extent the time within which the sum calculated is to be deposited in an interest…

…That it is in the best interest of justice, fairness and expediency in all circumstances of the case that this application be allowed considering the error was not deliberate. 3.…

…The witness further explained that due to the plaintiff’s default, the loan escalated due to interest charges and penalties.…

…The Court should also determine what interest rates if any should be awarded to the defendant.…

…His interest is extinguished. If there were only two joint tenants, the survivor is now seised or possessed of the whole.” Counsel for the plaintiff is of a different view.…

…In my view, the non-survivorship of interest in a joint tenancy on the demise of one of them is the most distinctive feature of joint tenancy. The late Reuben Mutua died on 17.7.2000.…

…(d) What clause of the alleged contract provided for the payment of interest at the rate of 24% per annum? (e) What was the consideration for the advancement of the loan to the Defendant?”…

…(c) Basis of charging interest at the rate of 24% p.a. (d) What was the consideration?” Particulars dated 20th July, 2005 were provided by the Plaintiff as follows:- “ Of paragraph 3.…

…Under cap 281, The Registration of Titles Act section 32 it is therefore ineffectual to pass any interest in land on transfer to the Plaintiff.…

…The head lease is a legal interest in the land. The sub-lease is not. The second objection relates to paragraph 3046 above quoted.…

…This was, therefore, an eminently appropriate arrangement meeting the court’s sanction to safeguard her interest having regard to all the circumstances.…

…That such is the court’s duty is also reinforced by section 17 of the Guardianship of Infants Act which provides for the infant’s interest to be the paramount consideration.…

…It now claims from the defendant this balance with interest as on the filing of the suit amounting to Kshs 4,162,500, together with interest at court rates until payment in full and costs etc.…

…put the plaintiff in the steps of the company; that the letter of January 7, 1985 (Ex A) was not admissible in evidence because it was written after the transfer; and that it was an unregistered document relating to the interest…

…The only complaints which are contained in the plaint and on which the application is based are that the defendant’s computation of the sum due is wrong in that it is based on wrong figures and excessive interest charges…

…With regard to the complaint that excessive or wrongful interest was charged, I think it should be noted that the applicant does not claim to be a qualified accountant or auditor.…

…From Ashford’s advocate came a letter dated September 18, 1984, indicating their lack of interest in the matter and telling the defendant to address further correspondence to the plaintiff.…

…Ashford has, as is clear from the correspondence, divested itself of any interest in this fungicide. If their agents maintain an interest in it, they must do so as agents and without their principal’s concurrence.…

…The husband’s assertion is that she is a customary wife who is now lawfully divorced and the nature of the interest she may have in the matrimonial home and in the car (his counsel does not deny that the wife has some interest…

…in the property) together with the incidents of such an interest can only be determined in accordance with Kikuyu Customary Law at the trial of the originating summons.…

…I accordingly enter Judgment as prayed in the sum of Ksh. 789,649/= plus costs and interest. The question of general damages is to be tried on vivo voce evidence at a date to be taken at the registry.…

…I am satisfied that this adoption is in the best interest of the minor and I allow it.…

…We think that, in the interest of justice we should accede to the application for adjournment, which we hereby grant.…

…The charge document, i.e. annexture AN1 at page 7 of the plaintiff’s supporting affidavit to the Notice of Motion Application dated 12th January 2012 contains a schedule which narrates that the rate of interest is 18% and…

…Taking into account that the interest was to be calculated on a reducing balance basis as per clause 2 of the charge, the principal sum would not be the stated Kshs. 200,000/-, but would be much less than the loan purported…

…It would not be in the interest of justice to have the accused and witnesses travel long distances for the hearing of the case. That would be expensive and may also cause delay in the finalisation of the matter.…

…The prayers pleaded are:- (a) Kshs.101,574,900/=; (b) Exemplary and punitive damages (c) Interest at court rates from date of filing suit; (d) Costs together with interest thereon.…

…by express surrender in case the lessee yields up his interest under the lease to the lessor under mutual agreement between them by implied surrender or by forfeiture or on expiration of notice to quit.…

…The persons shown as having an interest in the estate and who did not object to the grant being made to the respondents were: 1. Dora Amelea Awino 2. John Samuel Okoth 3. Janet Auma 4.…