Search court decisions

…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…

…From Ashford’s advocate came a letter dated September 18, 1984, indicating their lack of interest in the matter and telling the defendant to address further correspondence to the plaintiff.…

…Ashford has, as is clear from the correspondence, divested itself of any interest in this fungicide. If their agents maintain an interest in it, they must do so as agents and without their principal’s concurrence.…

…person” capable of being joined as plaintiff or defendant, or capable of seeking any orders or moving the Court in any manner within the meaning of order 1 rule 1& 3 of the Civil Procedure (Revised) Rules. 6) That in the interest…

…Lastly, costs and interest as and where applicable. This Court (Githinji J) granted a decree of possession on 30th April 1991 pursuant to application under o XXXV Civil Procedure Rules.…

…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…

…The only complaints which are contained in the plaint and on which the application is based are that the defendant’s computation of the sum due is wrong in that it is based on wrong figures and excessive interest charges…

…With regard to the complaint that excessive or wrongful interest was charged, I think it should be noted that the applicant does not claim to be a qualified accountant or auditor.…

…...................PLAINTIFF VERSUS WANGARI KONGU.......................................................DEFENDANT JUDGMENT This is a suit in which the plaintiff asks for decleration that the defendant has no proprietary interest…

…Accordingly, the defendant has no proprietary interest over the suit property, the plaintiff is the bona fid owner of the suit property; the plaintiff be and he shall be registered as such; The defendant shall deliver up…

…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.…

…By the time the defendant became registered as the owner of the suit premises in April, 1982, she had already acquired overriding interest in the suit premises.…

…That is the evidence upon which the plaintiff is seeking for a declaration that she had already acquired an interest in the suit premises by way of adverse possession.…

…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.…

…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.…

…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.…

…Special Damages – Shs.1,150/-, less 10% thereof, with interest thereon at court rates with effect from the date when the suit was filed; 2.…

…General Damages – Shs.125,000/-, less 10% thereof, with interest thereon at court rates with effect from the date hereof. 3. Costs of the suit less 10% thereof. These shall be my orders.…

…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”.…

…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…

…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…

…There is no indication of a trust nor a notification of any other interest of any other nature.…

…The instrument creating the trust will be deposited with the Registrar and the trustee thereof shall hold the land subject to any unregistered interest.…

…person” capable of being joined as plaintiff or defendant, or capable of seeking any orders or moving the Court in any manner within the meaning of order 1 rule 1& 3 of the Civil Procedure (Revised) Rules. 6) That in the interest…

…Lastly, costs and interest as and where applicable. This Court (Githinji J) granted a decree of possession on 30th April 1991 pursuant to application under o XXXV Civil Procedure Rules.…

…person” capable of being joined as plaintiff or defendant, or capable of seeking any orders or moving the Court in any manner within the meaning of order 1 rule 1& 3 of the Civil Procedure (Revised) Rules. 6) That in the interest…

…Lastly, costs and interest as and where applicable. This Court (Githinji J) granted a decree of possession on 30th April 1991 pursuant to application under o XXXV Civil Procedure Rules.…

…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.…