Nguruman Limited v Attorney General (on Behalf of the Cabinet Secretary Ministry of Interior and Coordination of National Government) (Civil Appeal (Application) E730 of 2024) [2026] KECA 562 (KLR) (13 March 2026) (Ruling)
- Court
- Court of Appeal
- Case number
- 562
- Citation
- [2026] KECA 562 (KLR)
- Decided
- 13 March 2026
The court finds the application merited and grants it with the effect that the sum of Kshs.16,675,000,000 awarded as general damages shall attract interest at court rates with effect from 28th July 2021.
Facts
Nguruman Limited filed an application for review of the judgment of the Court of Appeal, which awarded damages for invasion, destruction, and occupation of the suit property. The judgment also omitted to make any order on payment and interest on the awarded damages.
Issues
- Whether the omission to award interest on the awarded damages falls within the types of errors contemplated under Rule 37 of the Court of Appeal Rules 2022.
- Whether the omission to award interest on the awarded damages alters the substance of the judgment and whether it is just to award interest on the awarded damages.
Reasoning
The court considers the omission to award interest on the awarded damages as an accidental omission and not an error. The court finds it proper and just to award interest on the awarded damages to maintain the compensatory force of the damages awarded.
Outcome
The application is granted.
Orders
- Interest on the awarded damages at court rates from the date of delivery of judgment of the Environment and Land Court until payment in full.
Authorities cited
Cases cited (2)
- Wamwere & 5 Others vs. Attorney General [2023] KESC 26 (KLR)
- Musembi & 13 Others (Suing on their own behalf and on behalf of 15 Residents of Upendo City, Cotton Village at South C Ward, Nairobi) v Moi Educational Centre Co. Ltd & 3 Others (Application E019 of 2021 [2022] KESC 19 (KLR) (Civ))
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