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: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…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.…
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 Appeal
…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…
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: CriminalCriminal Appeal
…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.…
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 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 Appeal
…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…
Division and case type: CivilCivil Appeal
…The appellants claimed that under Luhya customary law and before the land adjudication, they were, and still are beneciaries and /or have benecial 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…
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: CivilMiscellaneous Application
…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.…
Division and case type: CivilCivil Suit
…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.…
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 Case
…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…