Case law
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Division and case type: GeneralUnclassified
…It would not be in the interest of justice to have the accused and witnesses travel long distances for the hearing of the case. That would be expensive and may also cause delay in the finalisation of the matter.…
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: Constitutional and Human RightsPetition
…Subsequently on the 29th of June, 1987 one Margaret Wagate Nyamu filed an objection to the petition stating that she was a beneficiary having a life interest in the deceased’s estate on the grounds that: (a) She is also a…
…This to my mind is the factual position in that the petitioner at no time has she denied the interest of objector and her children in this piece of land. The clan land.…
Division and case type: CivilCivil Suit
…....................DEFENDANT JUDGMENT In his plaint dated 7th July, 1992 the plaintiff claims the following from the defendant: (a) Special damages in the sum of Shs 1000/- (b) General damages (c) Costs of the suit and interest…
…Finally, there will be judgment against the defendant in favour of the plaintiff in the total sum of Shs 126,000/- plus costs and interest at court rates. Dated and Delivered at Nakuru this 14th day of September 1994.…
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: 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: 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
…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: 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: 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: 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
…I think that a court of equity, will not normally withhold the remedy of specific performance from an applicant seeking to enforce a contract relating to land or interest in land unless there is anything in the contract or…
…Furthermore, the 2nd Defendant not being an innocent purchaser for value, acquired title to that land, whatever interest it was, subject to the overriding interests of the Plaintiff over the said land to which he was aware…
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 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: 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
…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
…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…