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…What the defendant may have wanted was to set aside the judgment of Scriven, J declaring an overriding interest. But having failed to achieve that before Scriven, J then he would have to fail before Porter, J.…

…It was not that Scriven, J had doubt, so much as that he left it to the registrar how the latter should register the overriding interest.…

…Total Kshs 110,000/- with interest at court rates from the date of judgment until payment in full. 2. 2 nd Plaintiff – Moses Macharia Muya General damages for pain, suffering and loss of amenities Kshs 70,000/- with interest…

…at court rates from the date of judgment until payment in full. 3. 3 rd Plaintiff – Rachel Wanjira Kamau General damages for pain, suffering and loss of amenities Kshs 45,000/- with interest at court rates from the date…

…Section 30 of the Registered Land Act provide for over riding interest not to be noted in the register. Section 28 preserves the rights of a proprietor not liable to be defeated except as provided in the Act.…

…It is a proviso that is commonly applied where brothers or relatives are entitled to or have an interest in land but only one of them particularly the senior member of the family is Simon Odinga v Charles Sande the registered…

…In the premises, I find that the learned trial magistrate erred by not giving appellant judgment for 7,000/= which had been admitted and paid plus interest at court rates.…

…I therefore set aside her dismissal order and substitute there to an order for Judgment of 7,000/= for the plaintiff plus interest at court rates from the date of filing which was on 2.12.1992 until6.4.93 when the same was…

…For the foregoing purpose interest of justice, it is desirable that the case be re-retried before some judge. It follows that the convictions are queried and the sentences set aside.…

…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.…

…filed a suit against the defendant seeking orders that an order do issue for the defendant to return title No Nandi/Kamoiywo/982 or in the alternative to pay the sum found to M/s Standard Chartered Bank Kapsabet, costs and interest…

…As regards the amount due this arises from a bank loan whose figure varies from time to time due to interest accrual and as such the plaint is properly framed as the plaintiff will have to prove in his formal proof as to…

…Civil suits and proceedings relating to the title to or the possession of, land, or to the title to a lease or charge, registered under this Act, or to any interest in such land, lease or charge, being an interest which is…

…The appellants claimed that under Luhya customary law and before the land adjudication, they were, and still are beneciaries and /or have benecial interest in the said piece of land Bunyala/Namirama/196. 4.…

…s were infants or not yet of age to claim or own land, the second defendant permitted the rst defendant to take possession and user of nearly all the land now in question and continues to use it to the exclusion of the interest…

…They include interest, commission, fees, charges and costs.…

…The principal moneys and interest secured became immediately payable and fall due to be discharged without demand under its clause 11 if, among other things, the company commits a breach of the covenants in the debenture.…

…They include interest, commission, fees, charges and costs.…

…The principal moneys and interest secured became immediately payable and fall due to be discharged without demand under its clause 11 if, among other things, the company commits a breach of the covenants in the debenture.…

…There will therefore be judgment for the plaintiff against the defendants as follows – (i) Towing charges kshs. 58,000/- (ii) Excess premium kshs. 27,750/- (iii) Loss of User kshs. 980,000/- Kshs. 1,065,750/- (iv) Costs and interest…

…However, although under section 3(3) of the Contract Act, cap 23, a contract for the disposition of an interest in land must be evidenced by writing (as under its similar counterpart in the United Kingdom, section 40(1) of…

…superior court against the respondent seeking specic performance of the agreement, an order for the transfer of the plot, and damages for beach of contract in lieu of or in addition to specic performance together with interest…

…defence and the case was, on 25th February 1992, heard ex-parte and judgment delivered in favour of the respondent who was awarded Kshs 1,800/- special damages and Kshs 73,000/- as general damages plus costs of the suit and interest…

…He then proceeded: “I note that the plaintiff is unrepresented and that he may have an interest in the piece of land which would appear not to have been sub-divided.…

…adverse possession of the suit land for a period in excess of 12 years and was therefore entitled to the same, the trial judge’s observation as is set out 35 above was that the appellant who was unrepresented may have had an interest…

…The legislation in Kenya and England have the same purpose, and it is therefore of interest to observe how the courts have dealt with the problem, as well as the opinions of the commentators in Halsbury’s Laws of England.…

…That judgment be entered for the applicant as prayed in the plaint:- (a) in the sum of Kshs 45,759,318.00 (b) interest on (a) above from 3rd May 1997 until payment in full.…

…By consent judgment is hereby entered for the plaintiff in the sum of Kshs 22,188,918.00, costs and interest as prayed in the plaintiff dated 17/2/98. 2. There be stay of execution on this sum for 14 days hereof. 3.…

…He assessed general damages at Kshs 270,000/- less workmans compensation of Kshs 16,540/50 leaving a balance of Kshs 253,450.00 plus costs and interest. There was an order for special damages of Kshs 1,500.00.…

…It is of interest to note that the appellant's advocate Mr Ondaba in summing up the case, did not mention the baraza aspect of the defence.…