Case law
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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
…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…
Division and case type: CivilCivil Case
…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.…
Division and case type: CivilCivil Appeal
…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…
Division and case type: CivilCivil Appeal
…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…
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: 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 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: CivilCivil Suit
…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…
Division and case type: CivilCivil Appeal
…respondent general damages in the sum of 2,000,000/-, a sum far in excess of the maximum amount for which the respondent’s pick up was insured, Shs 2,256,000/- by way of special damages “plus costs to be agreed upon and interest…
…On 16th July, 1993, the appellant obtained a stay of execution of the judgment of Kuloba J and undertook to deposit into an interest bearing account in the joint names of the appellant and the respondent, the decretal sum…
Division and case type: CivilCivil Appeal
…dismiss Nduhiu’s claims with costs and counter-claimed for an order that half that parcel was held by Nduhiu on trust for him, it should be registered in Mwotia’s name as his own freehold or Nduhiu should compensate him with interest…
…for the improvements he had made on that half he occupied for 18 years and, in any event, he should have his costs and interest on them.…
Division and case type: CivilCivil Case
…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 Suering (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…
Division and case type: Environment and LandLand Case
…Of interest is the suit property (plot 1057) which has 4 houses.…
Division and case type: CivilCivil Appeal
…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…
Division and case type: CivilCivil Suit
…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.…
Division and case type: CivilCivil Case
…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.…
Division and case type: CivilCivil Appeal
…Section 75 of Kenya’s Constitution provides for a compulsory acquisition of one’s property in the interest of defence, public safety, public order, public morality, public health, town and country planning for the development…
Division and case type: CriminalCriminal Appeal
…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.…