Case law
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Division and case type: Milimani Commercial CourtsCivil Case
…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.…
Division and case type: CivilCivil Case
…Total Kshs 110,000/- with interest at court rates from the date of judgment until payment in full. 2. 2 nd Plaintiff – Moses Macharia Muya General damages for pain, suffering and loss of amenities Kshs 70,000/- with interest…
…at court rates from the date of judgment until payment in full. 3. 3 rd Plaintiff – Rachel Wanjira Kamau General damages for pain, suffering and loss of amenities Kshs 45,000/- with interest at court rates from the date…
Division and case type: CivilCivil Appeal
…The respondent herein had filed suit in the superior court on 12th April, 1995 against the appellant herein for the recovery of K.Shs. 1,194,330/- together with interest thereon at the rate of 43% per annum from 23rd February…
…The appellant’s position was that there was no agreement between him and the respondent which entitled the respondent to charge any interest on the principal sum and on account of this, the interest claimed by the respondent…
Division and case type: CivilCivil Appeal
…First it may be applied literally: if a judge is in fact a party to the litigation or has a financial or proprietary interest in its outcome then he is indeed sitting as a judge in his own cause.…
…In that case, the mere fact that he is a party to the action or has a financial or proprietary interest in its outcome is sufficient to cause his automatic disqualification.…
Division and case type: CivilCivil Case
…...................PLAINTIFF VERSUS WANGARI KONGU.......................................................DEFENDANT JUDGMENT This is a suit in which the plaintiff asks for decleration that the defendant has no proprietary interest…
…Accordingly, the defendant has no proprietary interest over the suit property, the plaintiff is the bona fid owner of the suit property; the plaintiff be and he shall be registered as such; The defendant shall deliver up…
Division and case type: CivilCivil Case
…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…
Division and case type: CivilCivil Case
…......................................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.…
Division and case type: CivilCivil Case
…......................................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.…
Division and case type: GeneralUnclassified
…We think that, in the interest of justice we should accede to the application for adjournment, which we hereby grant.…
Division and case type: CivilCivil Case
…Interest has been accumulating over the debt owed by J.D both tothe bank and to the Decree Holder.…
Division and case type: CriminalCriminal Appeal
…We allow this appeal and set aside the conviction and sentence and in the interest of justice we order an expeditious retrial before any other judge of the High Court. These are our orders.…
Division and case type: CivilCivil Case
…I award costs of this suit and interest from the date of this judgement. Dated this 13th day of May 1999 at Nairobi. M..A ANG’AWA JUDGE…
Division and case type: CivilCivil Suit
…There is however an express admission of the debt in the letter save for interest charged and there is a proposal for payment by specied instalments.…
Division and case type: CivilCivil Case
…Costs of suit and interest from judgement to the plaintiff. Dated this 18th day of May 1999 at Nairobi. M. ANG’AWA JUDGE…
Division and case type: CivilCivil Suit
…I would have awarded costs and interest of this suit from the date of judgement. I decline to make any awards under Special Damages as this has not been specifically proved. Dated this 9th day of June,1999 at Nairobi.…
Division and case type: CivilCivil Suit
…That judgment be entered for the applicant as prayed in the plaint:- (a) in the sum of Kshs 45,759,318.00 (b) interest on (a) above from 3rd May 1997 until payment in full.…
…By consent judgment is hereby entered for the plaintiff in the sum of Kshs 22,188,918.00, costs and interest as prayed in the plaintiff dated 17/2/98. 2. There be stay of execution on this sum for 14 days hereof. 3.…
Division and case type: CivilCivil Case
…He assessed general damages at Kshs 270,000/- less workmans compensation of Kshs 16,540/50 leaving a balance of Kshs 253,450.00 plus costs and interest. There was an order for special damages of Kshs 1,500.00.…
Division and case type: CivilCivil Appeal
…Of particular interest is finding No, 16 which read in pari: "16.…