Case law
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Division and case type: CivilCivil Appeal
…From the plaint filed by the respondent it would seem that all the sums payable under the sub-contract were paid except for the sum of Kshs 183,650 in respect of which the respondent sought judgment together with interest…
…As the respondent has performed and completed the work under the sub-contract, and from which the employer has no doubt benefited, we think in the interest of justice, that leave to defend should be granted on terms.…
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
…Interest has been accumulating over the debt owed by J.D both tothe bank and to the Decree Holder.…
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 Case
…Interest has been accumulating over the debt owed by J.D both tothe bank and to the Decree Holder.…
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
…The Court also expressed the view that the applicant should have been joined as a defendant because both the plaintiff and the defendant were aware of its interest in the suit land. And the Court granted a stay.…
Division and case type: CriminalCriminal Appeal
…The learned judge in his note on the sentence he chose included these phrases:– “Considering, therefore, all these circumstances, it would not be in the interest of justice to let accused {go} scot free under the pretext…
Division and case type: CivilCivil Appeal
…Section 3(3) of the Act before it was amended by Act No 21 of 1990 provided that: “(3) No suit shall be brought upon a contract for the disposition of an interest in land unless the agreement upon which the suit is founded…
…As a tenant in common, his interest in the suit land could not be disposed of to a third party without his consent in writing – see section 103(2) of the Registered Land Act (cap 300).…
Division and case type: CivilCivil Appeal
…(e) Costs and interest (f) The Honourable Court be pleased to make any orders deemed fitting within its inherent jurisdiction.…
…This second prayer is most inelegantly worded as follows: "2.That upon the plaintiff deposit in an interest earning joint account in the name of the Registrar of the High Court with a first class Bank a sum of shs.200,647…
Division and case type: CivilCivil Appeal
…There is no doubt that an amendment can always be allowed if the interest of justice so requires. The position in the present case is somewhat a curious one.…
…We are, therefore, inclined to think that the interest of justice was best served by allowing the applicant to amend.…
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
…The law is, we believe, quite properly laid down in the passage in SALMOND ON TORTS 17TH Edn., at p.74; “Under a bare licence no interest in property passes: the licensee is simply not a transpasser.…
Division and case type: CivilCivil Case
…The applicant has further deponed by his affidavit in support of the motion that he stands to suffer greatly because of the mistake of his advocate and so in the interest of justice the application ought to be allowed.…
Division and case type: CivilCivil Appeal
…We, therefore, allow the appeal and substitute the sum of Shs 7,000/= by the High Court with the sum of Shs 45,500/= as the judgment sum with interest thereon at court rates from the date of the judgment in the High Court…
Division and case type: CivilCivil Appeal
…The applicant has further deponed by his affidavit in support of the motion that he stands to suffer greatly because of the mistake of his advocate and so in the interest of justice the application ought to be allowed.…
Division and case type: CivilCivil Appeal
…The taxed costs to have interest from the date of taxation to the day of payment in full. We have been informed that damages have been agreed.…
…This will carry interest from the date of judgment to the date of payment in full at court rates. Platt JA. I agree with the conclusion reached by Gachuhi JA.…