Case law
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Division and case type: CivilCivil Appeal
…The letter of objection itself contains these relevant portions:- “That the Hon Chief Justice may, in the interest of justice being seen to be done, wish to appoint a different Bench (from the one which heard the other appeal…
…With great respect, it is my firm view that purported words of courtesy in the objection correspondence apart, the gist of the objection is no more and no less than saying- “In the interest of justice we ask for Judges of…
Division and case type: CivilCivil Suit
…Nowrojee submitted that the plaintiffs could not assign their interest in a judgment before it was delivered and Mr Machira asserted that they could be neither produced any authority on the point one way or the other.…
…Until he does so, he has no interest in whether the appeal has been filed in time or is being prosecuted expeditiously. The application must be dismissed and the applicant must pay the cost of it. Mr.…
Division and case type: CivilCivil Case
…The first defendant was not formed at the request of Transnational Bank Limited and the said Bank has no interest in the first defendant.…
…In my view the logical conclusion is that the bank has no interest in the first defendant. In the pleadings there are no allegations of forgery against the 3rd defendant Mrs Gladys Boss Shollei.…
Division and case type: CivilCivil Suit
…Ultimately, I have awarded the plaintiff the followingfigures: (1) 3 month salary in lieu of notice with interest from the date of the plaint ..…
…Shs.14,400/- (2) Salary for April and May 1988 with Interest from the date of the plaint .. Shs. 9,200/ (3) General damages...................…
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: Milimani Commercial CourtsCivil Case
…The charge document, i.e. annexture AN1 at page 7 of the plaintiff’s supporting affidavit to the Notice of Motion Application dated 12th January 2012 contains a schedule which narrates that the rate of interest is 18% and…
…Taking into account that the interest was to be calculated on a reducing balance basis as per clause 2 of the charge, the principal sum would not be the stated Kshs. 200,000/-, but would be much less than the loan purported…
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 Suit
…I enter judgment for that sum together with special damages of Kshs 500 with interest and costs. D C PORTER JUDGE 5.2.86…
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 Case
…conferred by a licence propounded as early as 1673 in the judgment of Vaughan CJ in Thomas v Sorrel (Vaugh 330; 3 Keb 264; Freem KB 137; 30 digest 501, 1594), according to which “A dispensation or licence property passeth no interest…
…The aforesaid agreement for the user of the plaintiff’s trade marks by the defendant in consideration of the payment of certain sums of money does not create an interest in the trade marks in favour of the defendant as is…
Division and case type: CivilCivil Case
…Accordingly I grant a stay of execution upon the following terms:- (1) The entire decretal amount is paid within 2 weeks of the date hereof into an interest bearing account in a bank approved by both sides in the joint names…
Division and case type: CivilCase number Civil Application
…The applicant bank was the plaintiff in a suit against Nyaana Saw Mills, in which the bank obtained judgment for shs 94,045 with interest at shs 54,859.60.…
Division and case type: Milimani Commercial CourtsCivil Case
…The prayers pleaded are:- (a) Kshs.101,574,900/=; (b) Exemplary and punitive damages (c) Interest at court rates from date of filing suit; (d) Costs together with interest thereon.…
…by express surrender in case the lessee yields up his interest under the lease to the lessor under mutual agreement between them by implied surrender or by forfeiture or on expiration of notice to quit.…
Division and case type: CivilCivil Case
…A lease is an interest in land and if the applicant is evicted he may not be able to get a house in similar estate at the same rent. Cases 1. Giella v Cassman Brown and Co Ltd [1973] EA 358 2.…
…It should be remembered that a lease is an interest in land and if the applicant is evicted he may not be able to get a house in a similar estate at the same rent.…
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: CivilCivil Case
…In view of the foregoing I enter Judgment in favour of the plaintiff for shs,105.000 being mesne profits for the seven months and for shs.66,720/= plus interest and costs of the suit. Order accordingly.…
Division and case type: CivilCivil Case
…It could be said that the second defendant had an interest in the other kiosk so he took to himself to destroy the plaintiff’s kiosk so as to transfer business to the other person.…
…The sum of Kshs 18,263.80 being special damages will carry 12 % interest from the date of filing suit while the balance sum of Kshs 60,058.50 will carry 12% interest from the date of judgment till the entire amount is paid…
Division and case type: CivilCivil Case
…As can be seen, this is a typical suit for money lent out under Islamic Law where a loan is expressed as money invested and interest as a share profits.…
Division and case type: CivilCivil Case
…Accordingly. judgment is given to the plaintiff against the defendant jointly and severally for Shs 52,480/= with costs and interest. Dated and Delivered at Mombasa this 8th June, 1993 I.C.C WAMBILYANGAH …………………….. JUDGE…