Dakianga Distributors (K) Limited v Kenya Seed Co. Limited (Civil Appeal (Application) 168 of 2011) [2026] KECA 586 (KLR) (13 March 2026) (Ruling)
- Court
- Court of Appeal
- Case number
- 586
- Citation
- [2026] KECA 586 (KLR)
- Decided
- 13 March 2026
The Judgment rendered by the Court of Appeal on 24th February 2015 is amended to include the order for interest as awarded by the High Court.
Facts
The High Court awarded Kshs.8,776,580 to the applicant (Dakianga Distributors) and Kshs.11,104,180 to the respondent (Kenya Seed Co.) in a civil case. The applicant appealed, and the Court of Appeal dismissed the appeal and allowed the cross-appeal, ordering the respondent to pay Kshs.11,104,180 to the applicant. However, the Court did not include the order for interest as awarded by the High Court.
Issues
- Whether the Court committed a clerical error in its judgment of 24th February 2015 that requires intervention by this Court to correct in the interest of justice.
Reasoning
The Court found that the omission of the order for interest was an obvious error and could be corrected under Rule 37(1) of the Court of Appeal Rules.
Outcome
The applicant is ordered to pay the respondent Kshs.11,104,180 plus interest from the date of entry of the Judgment until payment in full.
Orders
- The sum of Kshs.11,104,180 shall be paid by the respondent to the applicant plus interests from the date of entry of the Judgment until payment in full.
Remedies
- The applicant shall have the costs of the application.
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