Case law
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Division and case type: CivilCase number Civil Application
…Finance Co Ltd v Nyaana Saw Mills Court of Appeal, at Nairobi July 30, 1986 Platt Ag JA Civil Application No NAI 109 of 1986 July 30, 1986, Platt Ag JA ORDER This is an application for security, first of all for the decretal sum…
…In this way the plaintiff can secure himself with regard to the decretal sum.…
Division and case type: CivilCivil Appeal
…The respondents had claimed in their bill of costs the sum of Shs.50,000/= as fees for instructions to oppose the appeal which the applicant had filed against them.…
…The learned single Judge set aside the sum allowed by the Deputy Registrar and substituted it with a sum of Shs.20,000/=.…
Division and case type: CivilCivil Case
…Paragraph 3 thereof alleged that the defendant owes the plaintiff a sum less than the sum claimed. This prompted the plaintiff to request for particulars under Order 6 Rule 8 of the Civil Procedure Rules.…
…(a) of the allegation that the defendant owes the plaintiff a sum less than the sum claimed. (I) state the amount allegedly owed by the defendant to the plaintiff.…
Division and case type: CivilCivil Case
…..................................DEFENDANT R U L I N G This is an application by way of chamber summons under section 3A of the Civil Procedure Act for an order that the rate of interest awarded in the judgment for the sum…
…“By consent interest on the sum of Kshs. 65,000 shall be 27% from the date the loan was obtained......”…
Division and case type: CivilCivil Case
……………………………………………................2ND DEFENDANT RULING The plaintiff/applicant moved the court by way of Chamber Summons dated 2nd September 1983 for orders that the defendant’s herein be restrained from borrowing further sums…
…Further reasons were adduced at the hearing to the effect that as far as the plaintiff/applicant is concerned the whole sum borrowed by the 2nd defendant from the 1st defendant James Finlay (E A) Holdings Ltd had been paid…
Division and case type: Milimani Commercial CourtsCivil Case
…“By consent judgment for the plaintiff against all the defendants jointly and severally in the inclusive sum of shs 2,153,500 inclusive of costs with court disbursements to be paid by the defendants.…
…I therefore orders that there will be judgment in favour of the plaintiff in the sum of shs 2,111153,500/= inclusive of costs and court disbursements to be paid by the defendants.…
Division and case type: CivilCivil Case
…MOMBASA CIVIL CASE NO 368 OF 1992 HABIB BANK LIMITED..........................PLAINTIFF VERSUS MOHAMED SHARIFF HASSAN..........DEFENDANT RULING In the suit (as pleaded in the plaint) the plaintiff claims from the defendant a sum…
…plaint it was alleged that for the past several years the defendant had been running an account with the plaintiff and that as at 16th April, 1992 he had borrowed money from it by means of an overdraft to the tune of the sum…
Division and case type: Milimani Commercial CourtsMiscellaneous Application
…be less than that sum.…
…Emukule J. held as follows; "Where therefore a sum certain or liquidated is claimed, such a claim for such sum representing interest claimed, is still a prayer to be adjudicated by the Court upon agitation by the party claiming…
Division and case type: CivilCivil Case
…application by the defendant in the suit that the ex-parte judgment entered against him on 25/2/88 be set aside on the grounds that he was never served with summons to enter appearance and that he does not owe the plaintiff the sum…
…He has annexed a bond signed by the defendant in which defendant agreed that he was indebted to the plaintiff in the sum of shs 196,600/-.…
Division and case type: CivilCivil Case
…application by the defendant in the suit that the ex-parte judgment entered against him on 25/2/88 be set aside on the grounds that he was never served with summons to enter appearance and that he does not owe the plaintiff the sum…
…He has annexed a bond signed by the defendant in which defendant agreed that he was indebted to the plaintiff in the sum of shs 196,600/-.…
Division and case type: CivilCivil Case
…It would seem that he would have been happy if the defendant did not require payment of that sum for his delay. But when the defendant did not forgo this sum, a dispute arose between the parties.…
…This sum, plus the interest at the bank’s provised rate of 20% per annum is to be paid out to the plaintiff.…
Division and case type: FamilySuccession Cause
…of deposit of the decretal sum.…
…In the present case, because of the requirement to renew a bank guarantee every year, I did not consider that a bank guarantee for the decretal sum was the appropriate security. I still hold that view.…
Division and case type: CivilCivil Suit
…It is the plaintiff's evidence that, the oral agreement toterminate his services, was on condition that the 1st defendant pays to theplaintiff a total sum of Kshs. 471,000 as earlier mentioned.…
…The sum of Kshs.471,000 is made up of two months salary forfailure by the 1st defendant to review the plaintiff's contract.…
Division and case type: Constitutional and Human RightsPetition
…on 25th February, 1988, the creditor, sued the debtor in High Court Case No 696 of 1988 for possession of premises known as L.R. 37/142 occupied by the debtor as the creditor tenant and that the Creditor also claimed a sum…
…Subsequently apart from the amount decreed, a further sum of shs 270,000/-has accrued on account of mesne profits from 1/10/1988 to 31/5/1989 which again has not been paid.…
Division and case type: CivilCivil Appeal
…With a multiplier of 15 it gives the sum of Shs. 123,750/-. But the judge increased the sum of Shs. 8,250/- to Shs. 10,000/- per year taking inflation into account.…
…that sum in favour of the 1st respondent.…
Division and case type: Milimani Commercial CourtsCriminal Appeal
…When it is remembered that this sum was the total of sums withdrawn from the bank by dierent persons on six dierent occasions, that omnibus charge at once becomes duplex and fatally defective so that it could not be sustained…
…The various sums of cash ... etc should have been charged in separate counts.…
Division and case type: CivilCivil Appeal
…At paragraph 14 of its defence, the respondent pleaded that there were certain contractual and statutory deductions made from the gross sum due to the appellant.…
…I would therefore award interest on the sum awarded to run from the date of the first hearing, which is 11th May 2015.…
Division and case type: CriminalCriminal Case
…sum of shs 100/= was collected according to the quadruplicate.…
…so that a sum of shs 100/= should have been expected.…
Division and case type: CivilCivil Appeal
…The respondent accordingly put in a claim for compensation for the loss of his suitcase and its contents which he valued at a total sum of shs 126,260.…
…He also awarded general damages in the sum of shs 3,000. It is the above findings that have prompted this appeal.…
Division and case type: CivilCivil Suit
…I find a sum of 2,000/= to be adequate in the circumstances. On special damages I find shs.22,900/= supported by exhibits.…
…In this case I consider sum of shs.5000/= should be allowed for such expenses. The special damages awarded is therefore shs.27,900/=.…