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
…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: Employment and Labour RelationsCase number Cause
…Cap.21 Laws of Kenya and Order 51 praying for the substantive orders that the court to amend the arithmetical error in the judgment and the court to extent the time within which the sum calculated is to be deposited in an interest…
…That it is in the best interest of justice, fairness and expediency in all circumstances of the case that this application be allowed considering the error was not deliberate. 3.…
Division and case type: Milimani Commercial CourtsCivil Case
…The witness further explained that due to the plaintiff’s default, the loan escalated due to interest charges and penalties.…
…The Court should also determine what interest rates if any should be awarded to the defendant.…
Division and case type: Milimani Commercial CourtsCivil Case
…His interest is extinguished. If there were only two joint tenants, the survivor is now seised or possessed of the whole.” Counsel for the plaintiff is of a different view.…
…In my view, the non-survivorship of interest in a joint tenancy on the demise of one of them is the most distinctive feature of joint tenancy. The late Reuben Mutua died on 17.7.2000.…
Division and case type: Milimani Commercial CourtsCivil Case
…(d) What clause of the alleged contract provided for the payment of interest at the rate of 24% per annum? (e) What was the consideration for the advancement of the loan to the Defendant?”…
…(c) Basis of charging interest at the rate of 24% p.a. (d) What was the consideration?” Particulars dated 20th July, 2005 were provided by the Plaintiff as follows:- “ Of paragraph 3.…
Division and case type: CivilCivil Appeal
…The interest charged was the usual bank rate. The set-off was irrelevant to a claim based on a note which was the same as cash.…
…He awarded the respondent the costs of the suit together with interest of 12% a year from the date of the judgment until payment in full.…
Division and case type: Milimani Commercial CourtsCivil Case
…Under cap 281, The Registration of Titles Act section 32 it is therefore ineffectual to pass any interest in land on transfer to the Plaintiff.…
…The head lease is a legal interest in the land. The sub-lease is not. The second objection relates to paragraph 3046 above quoted.…
Division and case type: Constitutional and Human RightsPetition
…He prayed the petitioner to be awarded that sum with interest and costs.…
…Interest in my view is awarded on liquidated amounts from the date of filing. Interest on amounts to be ascertained by court are normally awarded from the date of judgment.…
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 Suit
…The plaintiff however claims that since his interest to the suit property is being threatened by the defendant (see the defendant’s advocate’s letter dated 5.1.89) and the arbitration process does not provide a procedure…
…for protecting such interest pending the determination of the dispute through the process, his only remedy was to file a court action and apply for an interim injunction.…
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
…The interest granted to the respondent in the letter of allotment dated June 25, 1970 was certainly not that of a licensee.…
…In my view the section gives a guide on determining the nature of interest where the letter of allotment has not specified the same.…
Division and case type: Milimani Commercial CourtsCivil Case
…This was, therefore, an eminently appropriate arrangement meeting the court’s sanction to safeguard her interest having regard to all the circumstances.…
…That such is the court’s duty is also reinforced by section 17 of the Guardianship of Infants Act which provides for the infant’s interest to be the paramount consideration.…
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: Milimani Commercial CourtsCivil Case
…It now claims from the defendant this balance with interest as on the filing of the suit amounting to Kshs 4,162,500, together with interest at court rates until payment in full and costs etc.…
…put the plaintiff in the steps of the company; that the letter of January 7, 1985 (Ex A) was not admissible in evidence because it was written after the transfer; and that it was an unregistered document relating to the interest…
Division and case type: CivilCivil Case
…indicated that LR 6585/482 was sold for Kshs 35,000 out of the proceeds of sale some Kshs 7,004 was paid as land rent and Kshs 18, 085.95 was claimed by Nyahururu Municipal Council in respect of arrears of Land rent and interest…
…; the Council may waive the interest if the full Council approves the decision of the appropriate Committee further a sum of Kshs 5,689.60 went to costs of trying to sell the security before the case was filled while the…