Case law
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Division and case type: CivilCivil Appeal
…When the application came before Aluoch J ex parte on 25th April 1994, she declined to grant the orders sought by the Mayor and directed that all the defendants be served as the matter was of some general public interest.…
…It is common knowledge that the 1st respondent has in fact resigned his office as Mayor and as far as he is concerned that question is merely of academic interest.…
Division and case type: CivilCivil Appeal
…Consequently, the respondent asked for judgment against the appellant in the form of an eviction order and the costs, and interest on the costs, for having to bring this into court.…
…On July 1, 1974 the appellant registered a caution claiming a purchaser’s interest.…
Division and case type: CivilCivil Appeal
…together with interest at court rates.…
…(b) Interest on the said sum of Shs 190,956.70 pa from 26th June, 1981 to date until payment in full together with interest at court rates.…
Division and case type: CivilCivil Appeal
…The amendment also affected prayer (c) in respect of interest under which the appellant now claimed interest on the decretal amount (principal and costs) from February 4, 1983 being the date of repudiation of liability up…
…order interest at such rate as the Court deems reasonable to be paid on the principal sum adjudged from the date of the suit to the date of the decree in addition to any interest adjudged on such principal sum for any period…
Division and case type: CivilCivil Appeal
…On the issue of interest the plaint claimed 26% per annum and the hire purchase agreement provided for interest “at the ruling rate” —clause 2(c) of the hire-purchase agreement.…
…Interest to be paid on a decretal sum is a matter for the discretion of the trial judge.…
Division and case type: CivilCivil Appeal
…He clearly had in mind the interest of the 2nd respondent as distinct from that of the 1st respondent. She claimed to have contributed Kshs 1,000/- and yet had not been heard.…
…With no evidence relating to her interest on record there was no foundation to form a basis for any appeal by her.…
Division and case type: CivilCivil Appeal
…on that sum by virtue of any enactment relating to interest on judgments.”…
…This sum was inclusive of interest at the rate of 12% per annum on the decretal sum with effect from 18th January, 1992. That interest was to continue accruing until payment in full.…
Division and case type: CivilCivil Appeal
…The taxpayer was therefore obliged to pay both recurrent interest and the once-for-all fees.…
…The fees paid for those securities did not produce this advantage any more than interest paid.…
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
…The defence filed by the state cousel had pleaded a denial of publishing the said words and in the alternative it had pleaded a fair comment made in good faith and without malice upon a matter of public interest.…
…In the circumstances he had, therefore, found that the words complained of were fair comment on a matter of public interest which were honest and free from malice or improper motive.…
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
…On September 11th, 1984, Mohamedali Nazerali Jiwa appointed Naushad Hussein Mohamedali Jiwa, the plaintiff, to be his attorney and generally in relation to his interest in the above mentioned title to do anything and everything…
…The defendants therefore claimed that the plaintiff ceased to have any right, title or interest in the parcel of land. The defendants admitted having had the register rectified but denied it was done fraudulently.…
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 Appeal
…Notwithstanding this, and the alleged medical condition, the appellant was retired in the public interest, and not on medical grounds, by a letter dated March 21, 1977, with effect from that date.…
…The letter referred to a memorandum written by his counsel, which I presume, had the effect of translating the situation from one of dismissal without rights to one of retirement in the public interest.…
Division and case type: CivilMiscellaneous Application
…In making his application for my disqualification, Mr Deverell, for the applicant, did not suggest that I had any proprietary or pecuniary interest in this litigation or any actual bias against his client.…
…I am satisfied that there was no such danger in the instant case for the following reasons. (1) I have no pecuniary or financial interest in the outcome of the litigation. (2) I have no proprietary interest in the outcome…
Division and case type: CivilCivil Appeal
…The appellant’s plaint of May 13, 1980 claimed jointly and severally from the respondents Kshs 131,868.30 with interest at 10% a year from February 1, 1980 until payment in full together with costs and interest at court rates…
…They were all served with summons to enter appearance to this but none did and judgment in default was entered against them on September 22, 1981 for Kshs 164,835.35 with 10% interest a year on it until payment in full with…
Division and case type: CivilCivil Appeal
…There is nothing to suggest that Mr Rice’s occupation would indicate another interest.…
…on the part of some other person, whose interest he knowingly and wrongly defeats by that registration.…
Division and case type: CivilCivil Appeal
…By a notice of motion made to the High Court under Order XXXV rule 1 of the Civil Procedure Rules, the respondent applied for summary judgment against the appellant for the sum of Kshs 933,750 together with interest and costs…
…Ashford has, as is clear from the correspondence, divested itself of any interest in the fungicide. If their agents maintain an interest in it, they must do so as agents and without their principal’s concurrence.…