Case law
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Division and case type: CivilCivil Appeal
…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
…It is not in dispute that the respondent was unable to service the mortgage and soon fell into grave arrears compelling Daima Bank to demand payment of the principal sum together with interest which stood at Shs.43,269,829.15…
…Daima Bank also counter-claimed for Shs.44,919,216 together with interest at the rate of 4% per month from 30th September, 1997 until payment in full allegedly in respect of an account of overdraft and loan facilities granted…
Division and case type: CivilCivil Appeal
…She did this in order to protect her interest and the interest of her children. The appellant then brought proceedings in the High Court seeking an order for the removal of the caution.…
Division and case type: CivilCivil Appeal
…He further claimed interest on each item and the costs of the suit.…
…He then allowed interest on that sum from the date of judgment until payment in full. Mr Muthike raised a number of issues in disputing these calculations.…
Division and case type: CivilMiscellaneous Civil Application
…Order XXXV rule 1 reads in part. “1 (1) In all suits where a plaintiff seeks judgement for:- (a) a liquidated demand with or without interest; or (b) ..................................... where the defendant has appeared…
…the plaintiff may apply for judgement for the amount claimed, or part thereof, and interest, or for recovery of the land and rent or mesne profits”.…
Division and case type: CivilCivil Appeal
…The respondent was entitled to have the decretal sum deposited in an interest bearing account.…
…Nor will either party lose if the sum is actually paid with interest at court rates.…
Division and case type: CivilCivil Appeal
…The section simply stops a judge, a legal practitioner or officer connected with any court of Justice from buying or trafficking in, or stipulating for, or agreeing to receive, any share of, or interest in, in any actionable…
…That section primarily stops any such person from having an interest in an actionable claim. It does not talk of an advocate having no right to receive moneys on behalf of his client. Acting on Mr.…
Division and case type: CivilCivil Appeal
…to complete the works @ Shs 10,000.00 a week 70,000 00 TOTAL 217,871 12 Which the contractor refused to pay the employer who filed a plaint in the High Court in Nairobi in December 1976 claiming that sum with costs and interest…
…His judgment was for the employer against the contractor for Shs 107,915.00 with interest on that sum at eight per cent a year from December 2, 1976 to March 31, 1982 which amounted to Shs 46,027.95 and further interest at…
Division and case type: CivilCivil Appeal
…place no proprietary interest which could be wrested from it and given away to Rockland Kenya Ltd.…
…in Stones Ltd, and since Saul and Nyambu who also had interest in Stones Ltd had assumed the running of the company, and were thus, trustees of the plaintiff, as far as his interest in Stones Ltd was concerned.…
Division and case type: CivilCivil Case
…plaintiff testified that after the vehicle was stolen he was unable to pay the hire purchase charges to the hire-purchase company which eventually successfully sued him for the balance of the hire purchase amount and accrued interest…
…mind, the claim is reasonable and having not been challenged in crossexamination I allow the figure, with the result that I give judgment to the plaintiff against the defendant in the sum of Kshs.872,360/= with costs and interest…
Division and case type: CivilCivil Appeal
…Of course, everybody knows he had none, but if the plaintiff advanced an account which he felt was inaccurate, it was in his own interest to put forward his version.…
…I would give relief that is just in the circumstances of this case at shs. 100,000/- together with interest at court rates from today’s date.”…
Division and case type: CivilCivil Appeal
…The amount awarded if invested will earn interest that would compensate for the inflation.…
…The only other matter is the question of interest. Though the award of interest is at the discretion of the Court, Mr.. Geogiadis conceded to this ground straight away which saved Mr.. Inamdar submitting on it.…
Division and case type: CivilCivil Suit
…plaintiff is seeking judgmentagainst the defendant for Shs. 316. 581/ 75 together with interestthereon at 19 % p.a. from 1st March, 1990 till full repayment.The plaintiff is also asking for costs of the suit togetherwith interest…
…The defendant is asking for interest on thissum together with costs of the counter-claim. Looking at the evidence on record we find that the areaof dispute is rather narrow.…
Division and case type: CivilCivil Appeal
…respondent against the appellant in the sum of shs.460,500/= as follows: General Damages - shs.432,000/= Special Damages - Shs. 28,500/= ------------- Total Shs.460,500/= ------------- The sum of shs.28,500/= will carry interest…
…at 12% per annum from 15th September, 1989 until the date of payment and the sum of shs.432,000/= will carry interest at the rate of 12% per annum from 27th day of June, 1996 until the date of payment.…
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: Anti-CorruptionCivil Appeal
…In the event of an apparent conict of interest we expect you to advise us accordingly. We note that you require a substantial deposit on account of legal expenses related to this transaction.…
…However, Mr Keith saw no conict of interest at that time, although he foresaw such an eventuality arising subsequently.…
Division and case type: Anti-CorruptionCivil Appeal
…The appellant filed an action against the respondent and the driver jointly and severally, for Kshs 26,916/60, being the cost of repairs, interest on the said sum and costs of the suit were also prayed for.…
…I would allow the appeal, set aside the judgment of the High Court and substitute it by a judgment for the appellant for agreed damages and interest thereon as claimed in the plant.…
Division and case type: CivilCivil Appeal
…Section 74 of the registered land Act provides: "74 (1) If default is made in payment of the Principal sum or of any interest or any other periodical payment or of any part thereof, or in the performance or observance of…
…So, default had been made in payment of both the principal sum and of interest. Obviously there was default in the payment of periodical payments. The appellant had not observed the agreement.…
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
…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.…