Case law
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Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…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.…
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 Appeal
…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.…
Division and case type: CriminalCriminal Appeal
…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…
Division and case type: Milimani Commercial CourtsCivil Case
…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.…
Division and case type: CivilCivil Case
…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.…
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 Case
…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…
Division and case type: CivilCivil Suit
…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...................…
Division and case type: CivilCivil Case
…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…
Division and case type: CivilCivil Case
…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…
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 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: CriminalCriminal Appeal
…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.…
Division and case type: CivilCivil Case
…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…
Division and case type: CivilCivil Suit
…The plaintiff claims the refund of the said sum of shs. 1,000,000/= plus interest thereon at 20% per annum.…
Division and case type: CivilCivil Suit
…the consent of the decree -holder or without the consent of the decree -holder for sufficient cause shown order that the payment of the amount decreed be postponed or be made by instalments on such terms as the payment of interest…
Division and case type: CivilCivil Case
…He also claims interest and costs.…
…In the result I enter judgment for the plaintiff in the sum of Kshs 111,527 being: General damages Kshs 100,000 Special damages Kshs 11,527 Total Kshs 111,527 The plaintiff shall have costs and interest as claimed.…
Division and case type: CivilCivil Suit
…There is however an express admission of the debt in the letter save for interest charged and there is a proposal for payment by specied instalments.…