Moses Kamande v Francis Munyua Ngugi [2019] KEELC 4486 (KLR)
- Court
- Environment & Land Court
- Case number
- 4486
- Citation
- [2019] KEELC 4486 (KLR)
- Decided
- 21 February 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from an original trial judgmentCoramJ G KEMEI
Holding
Interest should be calculated from the date of judgment.
Facts
The Plaintiff sought a refund of Kshs 418,000 and interest at 20% from the Defendant. The Plaintiff later filed an application seeking to have interest calculated from the date of filing the suit.
Issues
- whether interest should be calculated from the date of filing the suit or from the date of judgment
Reasoning
The Court found that the award of interest is governed by section 26 of the Civil Procedure Act, and the Court has discretion to award interest. The Plaintiff has not explained why the Court should exercise its discretion in his favor, and the Defendant argued that the Plaintiff should not benefit twice through the award of interest from the date of filing the suit.
Outcome
The Plaintiff's application was dismissed.
Orders
- Interest should be calculated from the date of judgment.
Authorities cited
Legislation (1)
- Civil Procedure Act
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
Loading judgment…