Case law
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Division and case type: CivilCivil Appeal
…He also prayed for damages for loss of use of the car from 23rd February, 1994 and costs of the suit plus interest.…
…I entertain no doubts that the parties who have shown a keen interest in the disposal of the matter shall intimate to the deputy registrar of this Court where they next want to be heard.…
Division and case type: CivilCivil Appeal
…On the issue of interest, under section 26 of the Civil Procedure Act (Chapter 21 of the Laws of Kenya) the court has discretion to award interest but such discretion is to be exercised judiciously bearing in mind established…
…In this case the principle to be applied is that interest on special damages is from the date of filing suit.…
Division and case type: CriminalCriminal Case
…Cap.21 Laws of Kenya and Order 51 praying for the substantive orders that the court to amend the arithmetical error in the judgment and the court to extent the time within which the sum calculated is to be deposited in an interest…
…That it is in the best interest of justice, fairness and expediency in all circumstances of the case that this application be allowed considering the error was not deliberate. 3.…
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
…admits that he had a transaction for the transfer of the land in dispute to the applicant predecessor in title and that the transaction occurred in 1979; if this was so then in effect the respondent is saying that he had no interest…
Division and case type: CivilCivil Case
…admits that he had a transaction for the transfer of the land in dispute to the applicant predecessor in title and that the transaction occurred in 1979; if this was so then in effect the respondent is saying that he had no interest…
Division and case type: FamilySuccession Cause
…The respondent further in his affidavit claim that it is unfathomable that the applicant can seek injunctive orders against myself, yet he is protecting the interest of his grandchildren who are orphans.…
…Is the applicant entitled to obtain an interlocutory injunction against the interest party? The provisions for are laid out in Order XXXIX of the Civil Procedure Rules.…
Division and case type: CivilCivil Appeal
…Her judgment was against the defendants jointly and severally in the sum of Shs 67,802/- as claimed together with Shs 9,477/- as general damages plus interest and costs.…
…The plaintiff will also have interest on the amount awarded calculated as from the 29th of April, 1991 when the learned Senior Resident Magistrate granted the orders as prayed.…
Division and case type: CivilCivil Appeal
…During the pendency of the suit and it will be in the interest of justice to issue an injunction against further development on the suit properties.…
Division and case type: FamilySuccession Cause
…During the pendency of the suit and it will be in the interest of justice to issue an injunction against further development on the suit properties.…
Division and case type: CivilCivil Case
…I prefer such a guarded way of putting the proposition because many other factors may come into play, such as public interest involved.…
…All things taken together as they presently stand, the Court finds that the application is not well-founded; it is pre-mature, unmeritorious, against the interest of the students, oppressive to the school authorities; does…