Case law
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Division and case type: CriminalCriminal Case
…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: 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: 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…
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: 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: CriminalCriminal Appeal
…(ii) whether there are exceptional or unusual circumstances upon which the court can conclude that it is in the interest of justice to grant bail. This was the decision of the court of Appeal in JUVRAJ SHAR v.…
Division and case type: CivilCivil Case
…Interest has been accumulating over the debt owed by J.D both tothe bank and to the Decree Holder.…
Division and case type: CivilCivil Case
…Interest has been accumulating over the debt owed by J.D both tothe bank and to the Decree Holder.…
Division and case type: CivilCivil Case
…It appears to me from the above circumstances that plaintiff has no interest in the suit and that there is no good reason to adjourn.…
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 Suit
…This is a case where the defendant acted in a high handed manner without regard to the interest of the plaintiff.…
…I therefore award the plaintiff a sum of Kshs 250,000/- in general damages plus costs of the suit and interest from the date of this judgment. Dated and delivered at Eldoret this 5th day of October, 1993 S. K.…
Division and case type: CriminalCriminal Appeal
…We allow this appeal and set aside the conviction and sentence and in the interest of justice we order an expeditious retrial before any other judge of the High Court. These are our orders.…
Division and case type: CivilCivil Appeal
…The determination of the extent of application of the doctrine of separation of powers, which was a vital constitutional concept was a matter of public interest. 5.…
…of powers, from considerations of public interest.…
Division and case type: CivilCivil Appeal
…Mr Kimatta contended that the applicant was not guilty of unreasonable delay in bringing the application and has shown keen interest to have the matter in issue decided by this Court.…
Division and case type: CivilCivil Case
…The plaintiff shall also have the costs of the suit and interest at court rates. Orders accordingly. Dated and delivered at Nairobi this 22nd day of July, 1998 A. MBOGHOLI MSAGHA JUDGE…
Division and case type: FamilySuccession Cause
…The persons shown as having an interest in the estate and who did not object to the grant being made to the respondents were: 1. Dora Amelea Awino 2. John Samuel Okoth 3. Janet Auma 4.…
Division and case type: Constitutional and Human RightsPetition
…The first being whether the interest on the sum of 2,786,945/65 deposited with HFCK that has accrued should be paid to the Petitioner. Mr Gatonye has rightly conceded that this should be so and I so order.…
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.…