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…He also prayed for damages for loss of use of the car from 23rd February, 1994 and costs of the suit plus interest.…

…I entertain no doubts that the parties who have shown a keen interest in the disposal of the matter shall intimate to the deputy registrar of this Court where they next want to be heard.…

…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.…

…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.…

…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.…

…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.…

…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.…

…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...................…

…I think that a court of equity, will not normally withhold the remedy of specific performance from an applicant seeking to enforce a contract relating to land or interest in land unless there is anything in the contract or…

…Furthermore, the 2nd Defendant not being an innocent purchaser for value, acquired title to that land, whatever interest it was, subject to the overriding interests of the Plaintiff over the said land to which he was aware…

…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…

…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…

…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.…

…In the circumstances, it is in the interest of justice that the appellant be retried. For the above reasons, I allow the appeal, quash the conviction and set aside the sentence.…

…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…

…I have also taken into account the fact that the compensation which I will award him herein will be paid to him in a lump sum so that it can be invested and interest thereon is what he can live on.…

…awarded are as follows: General damages - Shs 600,000 Posthesis - Shs 60,000 Loss of future income - Shs 144,000 Total - Shs 824,000 ========= Accordingly judgment is given to the plaintiff for Shs 824,000/= with costs and interest…