Francis Wainaina v Kenya Commercial Finance Company Limited [1995] KECA 132 (KLR)
- Court
- Court of Appeal
- Case number
- 132
- Citation
- [1995] KECA 132 (KLR)
The appeal fails to the extent that there shall be judgment for the respondent in the sum of Shs 190,956/70 together with interest thereon at 14% from the date of filing the suit to the date of judgment plus costs and further interest thereon, at court rates from the day of judgment until payment in full.
Facts
The appellant won a contract to supply Kenya Breweries with agricultural produce. He rented two Lamborghini tractors and implements from Farmtec, which was ceded to Kenya Commercial Finance Company Limited (respondent). The appellant terminated the agreement, and the respondent sued for the total rental of 269,594/45 less any rental previously paid.
Issues
- Whether the respondent can charge interest on the outstanding amount due by the appellant for breach of the agreement.
- Whether the learned judge erred in awarding interest at a rate of 14% without giving reasons for doing so.
Reasoning
The agreement did not contain a provision for charging interest on the compensation payable by the appellant for breach of the agreement. The learned judge erred in awarding interest at a rate of 14% without giving reasons for doing so.
Outcome
Appeal fails to the extent indicated.
Orders
- Judgment for the respondent in the sum of Shs 190,956/70 together with interest thereon at 14% from the date of filing the suit to the date of judgment plus costs and further interest thereon, at court rates from the day of judgment until payment in full.
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