Search court decisions

…The only complaints which are contained in the plaint and on which the application is based are that the defendant’s computation of the sum due is wrong in that it is based on wrong figures and excessive interest charges…

…With regard to the complaint that excessive or wrongful interest was charged, I think it should be noted that the applicant does not claim to be a qualified accountant or auditor.…

…Special Damages – Shs.1,150/-, less 10% thereof, with interest thereon at court rates with effect from the date when the suit was filed; 2.…

…General Damages – Shs.125,000/-, less 10% thereof, with interest thereon at court rates with effect from the date hereof. 3. Costs of the suit less 10% thereof. These shall be my orders.…

…To the plaintiff these defendants were well aware of the interest of the plaintiff in the suit premises at the time they purchased the same.…

…Being innocent purchasers for value and having subsequently obtained registration as absolute proprietors their rights and interest to the suit premises were indefeasible.…

…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…

…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...................…

…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…

…In the circumstances, it is in the interest of justice that the appellant be retried. For the above reasons, I allow the appeal, quash the conviction and set aside the sentence.…

…I have also taken into account the fact that the compensation which I will award him herein will be paid to him in a lump sum so that it can be invested and interest thereon is what he can live on.…

…awarded are as follows: General damages - Shs 600,000 Posthesis - Shs 60,000 Loss of future income - Shs 144,000 Total - Shs 824,000 ========= Accordingly judgment is given to the plaintiff for Shs 824,000/= with costs and interest…

…The plaintiff claims the refund of the said sum of shs. 1,000,000/= plus interest thereon at 20% per annum.…

…the consent of the decree -holder or without the consent of the decree -holder for sufficient cause shown order that the payment of the amount decreed be postponed or be made by instalments on such terms as the payment of interest…

…He also claims interest and costs.…

…In the result I enter judgment for the plaintiff in the sum of Kshs 111,527 being: General damages Kshs 100,000 Special damages Kshs 11,527 Total Kshs 111,527 The plaintiff shall have costs and interest as claimed.…

…There is however an express admission of the debt in the letter save for interest charged and there is a proposal for payment by specied instalments.…

…He also claims interest and costs.…

…In the result I enter judgment for the plaintiff in the sum of Kshs 111,527 being: General damages Kshs 100,000 Special damages Kshs 11,527 Total Kshs 111,527 The plaintiff shall have costs and interest as claimed.…

…Judgment is entered against the defendant in the sum of the total shs.1.176,720/- plus interest and costs. Dated this 11th day of August, 2003. JOYCE KHAMINWA JUDGE…

…Defendants for general and special damages under the Law Reform Act and the Fatal Accidents Act as follows:- “(a) Funeral Expenses - Kshs. 100,000 (b) Pain and Suering (c) Loss of Expectation of life (d) Loss of Dependancy (e) Interest…

…Bearing in mind the fact that each case should be judged on its own facts, we would think that an award of Shs. 40,000/= is a fair measure for this head of damages and we award the appellant this sum with interest from the…

…I accordingly give judgment to the plaintiff against the defendant for Shs 135,016/= with costs and interest. Dated and Delivered at Mombasa this 10th day of May, 1993 I.C.C WAMBILYANGAH ……………………… JUDGE…

…I do not think that defence can be of any avail to the Defendant against the Plaintiff’s claim.Whether it was D.W.1, or D.W.2 or D.W.3 who was in charge of the Ferry at the time of the accident cannot be of any interest to…

…Special damages ………………………………………….. ......Shs. 3,800.00 TOTAL Shs.198,800.00 I award interest at court rates on the total sum from the date hereof. I also award to the Plaintiff the costs of the suit.…

…All this goes to show that the 1st defendant was well aware of the plaintiff’s interest in the land well before 1987 when he surresptiously went to court and obtained the order on the basis of which he subsequently became…

…In the circumstances, I thinkthat the interest of justice will be served by discharging theorders that had been given restricting the Defendant only to playsoft music at his premises.…