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…On the issue of interest the plaint claimed 26% per annum and the hire purchase agreement provided for interest “at the ruling rate” —clause 2(c) of the hire-purchase agreement.…

…Interest to be paid on a decretal sum is a matter for the discretion of the trial judge.…

…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.…

…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.…

…(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.…

…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.…

…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.…

…On September 11th, 1984, Mohamedali Nazerali Jiwa appointed Naushad Hussein Mohamedali Jiwa, the plaintiff, to be his attorney and generally in relation to his interest in the above mentioned title to do anything and everything…

…The defendants therefore claimed that the plaintiff ceased to have any right, title or interest in the parcel of land. The defendants admitted having had the register rectified but denied it was done fraudulently.…

…The interest of the prosecutor in the land was historically of a more recent nature as he had only bought the same from a third party.But whether his interest in the land is legally superior to that of the appellant can only…

…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…

…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.…

…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.…

…....................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.…

…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...................…

…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.…

…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…

…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.…