Case law
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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
…We bear in mind that this sum will carry interest at court rates from 10th July, 1996. In her plaint the respondent had claimed damages for loss of earnings and loss of earning capacity.…
…The award of special damages will carry interest at court rate from 25th January, 1993 until date of payment and that of general damages will carry interest at court rates from 10th July, 1996 until date of payment in full…
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 Appeal
…respondent general damages in the sum of 2,000,000/-, a sum far in excess of the maximum amount for which the respondent’s pick up was insured, Shs 2,256,000/- by way of special damages “plus costs to be agreed upon and interest…
…On 16th July, 1993, the appellant obtained a stay of execution of the judgment of Kuloba J and undertook to deposit into an interest bearing account in the joint names of the appellant and the respondent, the decretal sum…
Division and case type: CivilCivil Appeal
…dismiss Nduhiu’s claims with costs and counter-claimed for an order that half that parcel was held by Nduhiu on trust for him, it should be registered in Mwotia’s name as his own freehold or Nduhiu should compensate him with interest…
…for the improvements he had made on that half he occupied for 18 years and, in any event, he should have his costs and interest on them.…
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
…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: 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…
Division and case type: CivilCivil Appeal
…It was up to court, when it was pointed out in an application for review that judgment was entered against some defendants without being heard, to hold that the whole arbitration proceedings were a nullity in the interest…