Search court decisions

…(c) Interest on the sum awarded at court rates from the date of filing suit until payment in full”.…

…The third, fourth and sixth grounds of appeal are that the plaintiff failed to prove the damages claimed by it; that it failed to mitigate the damage, and that interest on damages was wrongly awarded.…

…(c) Interest on the sum awarded at court rates from the date of filing suit until payment in full”.…

…The third, fourth and sixth grounds of appeal are that the plaintiff failed to prove the damages claimed by it; that it failed to mitigate the damage, and that interest on damages was wrongly awarded.…

…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.…

…Considering the number of applications and costs involved and the interest charged, the appellant has to be satisfied that the figures are correct before he can firmly submit that judgment was entered for Kshs 68,477.25.…

…I think it is worthwhile to indicate to the appellant that so long as the … remains uncertified it becomes more costly in the end as the interest would have increased.…

…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…

…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.…

…....................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.…

…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.…

…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…

…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.…

…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.…

…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.…

…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…

…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.…

…I am satisfied that the appellant has not lost interest in the appeal. After all, he has deposited Kshs.500,000/= into court.…

…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…