Case law
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Division and case type: CivilCivil Appeal
…(c) Interest on the sum awarded at court rates from the date of filing suit until payment in full”.…
…The third, fourth and sixth grounds of appeal are that the plaintiff failed to prove the damages claimed by it; that it failed to mitigate the damage, and that interest on damages was wrongly awarded.…
Division and case type: CivilCivil Appeal
…Considering the number of applications and costs involved and the interest charged, the appellant has to be satisfied that the figures are correct before he can firmly submit that judgment was entered for Kshs 68,477.25.…
…I think it is worthwhile to indicate to the appellant that so long as the … remains uncertified it becomes more costly in the end as the interest would have increased.…
Division and case type: CivilCivil Appeal
…What the defendant may have wanted was to set aside the judgment of Scriven, J declaring an overriding interest. But having failed to achieve that before Scriven, J then he would have to fail before Porter, J.…
…It was not that Scriven, J had doubt, so much as that he left it to the registrar how the latter should register the overriding interest.…
Division and case type: CivilCivil Appeal
…Mr Kimatta contended that the applicant was not guilty of unreasonable delay in bringing the application and has shown keen interest to have the matter in issue decided by this Court.…
Division and case type: CivilCivil Appeal
…Civil suits and proceedings relating to the title to or the possession of, land, or to the title to a lease or charge, registered under this Act, or to any interest in such land, lease or charge, being an interest which is…
Division and case type: CivilCivil Appeal
…The appellants claimed that under Luhya customary law and before the land adjudication, they were, and still are beneciaries and /or have benecial interest in the said piece of land Bunyala/Namirama/196. 4.…
…s were infants or not yet of age to claim or own land, the second defendant permitted the rst defendant to take possession and user of nearly all the land now in question and continues to use it to the exclusion of the interest…
Division and case type: CivilCivil Suit
…They include interest, commission, fees, charges and costs.…
…The principal moneys and interest secured became immediately payable and fall due to be discharged without demand under its clause 11 if, among other things, the company commits a breach of the covenants in the debenture.…
Division and case type: CivilCivil Appeal
…However, although under section 3(3) of the Contract Act, cap 23, a contract for the disposition of an interest in land must be evidenced by writing (as under its similar counterpart in the United Kingdom, section 40(1) of…
…superior court against the respondent seeking specic performance of the agreement, an order for the transfer of the plot, and damages for beach of contract in lieu of or in addition to specic performance together with interest…
Division and case type: CivilCivil Appeal
…Lion of Kenya Insurance Company Ltd, the respondent hereinafter, filed a suit against Octagon Private Investigations and Security Services, the appellant, claiming from the latter the sum of Shs 913,781/- together with interest…
Division and case type: CivilCivil Appeal
…The legislation in Kenya and England have the same purpose, and it is therefore of interest to observe how the courts have dealt with the problem, as well as the opinions of the commentators in Halsbury’s Laws of England.…
Division and case type: CivilCivil Appeal
…award him a sum of Shs 750,000/= as general damages for pain, suffering and loss or amenities, on top of which I would add Kshs 13,050/=, being special damages and enter judgment for the plaintiff for Sh 763,050/= with interest…
Division and case type: CriminalCriminal Appeal
…The conspiracy indeed may merge with the offence 2.To this general rule there are exceptions, as for instance:- a)Where it is in the interest of justice to present an overall picture, which a series of relatively small substantive…
Division and case type: CriminalCriminal Appeal
…It is of interest to note that the appellant's advocate Mr Ondaba in summing up the case, did not mention the baraza aspect of the defence.…
Division and case type: CivilCivil Appeal
…Mr Justice Schofield awarded Highstone Butty Tongoi Olenja, the respondent plaintiff (Olenja) Kshs 29,320 special damages with interest on them at 12% a year from 20 February 1980 (the date the plaint was filed) to 22 March…
…90% substituted, the finding of the judge of no contributory negligence by Olenja is set aside and one of 10% substituted, the award of Kshs 786,600 general damages reduced to Kshs 619,200, the award of special damages, interest…