Case law
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Division and case type: CivilCivil Case
…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.…
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 Case
…...................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…
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 Case
…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.…
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.…
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: 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: 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
…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
…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 Case
…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.…
Division and case type: CivilCivil Case
…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.…
Division and case type: CivilCivil Case
…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.…
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 Case
…He claims that sum together with interest and cost. There is a further claim of general damages.…
…The first instalment to be paid with interest of Shs 3000/-.…
Division and case type: Milimani Commercial CourtsCivil Case
…I accordingly enter Judgment as prayed in the sum of Ksh. 789,649/= plus costs and interest. The question of general damages is to be tried on vivo voce evidence at a date to be taken at the registry.…
Division and case type: CivilCivil Case
…On 19th June 1985 that caution was removed apparently on the ground that he Plaintiff had failed to prove her interest as owner. On 18th February 1985 the Plaintiff filed this suit in this court.…
…There is no evidence he did anything adverse to he title of Titus Nganga Kairu or the interest of the first Defendant. Titus Nanga Kairu died before the Plaintiff’s husband died.…
Division and case type: Milimani Commercial CourtsCivil Case
…The husband’s assertion is that she is a customary wife who is now lawfully divorced and the nature of the interest she may have in the matrimonial home and in the car (his counsel does not deny that the wife has some interest…
…in the property) together with the incidents of such an interest can only be determined in accordance with Kikuyu Customary Law at the trial of the originating summons.…
Division and case type: CivilCivil Suit
…On May 14, 1985 an interlocutory judgment was entered against both the defendants with a sum of Kshs 450 together with interest for special damages.…
…I therefore enter judgment for the plaintiff in the following terms: a) General damages Kshs 40,000 b) Specific damages Kshs 450 c) Costs of the suit d) Interest on the above at 12% as from the date of the judgment.…