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Patmose Technical Services (K) Limited v Rural Electrification Authority [2014] KEHC 8742 (KLR)

[2014] KEHC 8742 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
8742
Citation
[2014] KEHC 8742 (KLR)
Decided
16 December 2014
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureAppeal from a judgment of the High Court of Kenya at NairobiCoramJ. KAMAU
Holding

Interest is payable at court rates from the date of filing suit until 17th March 2014 on the sum of Kshs 14,640,000/=

Facts

The Plaintiff supplied goods to the Defendant for electrification works. The Plaintiff claimed interest on the value of the goods supplied, while the Defendant denied owing the Plaintiff the sum of Kshs 23,087,098.38.

Issues

  1. Applicable rate of interest
  2. Amount of interest
  3. Date from which interest would be payable
  4. Until when would interest accrue

Reasoning

The court determined the applicable rate of interest to be 12% as per the Practise Note No 1 of 1982, and not 18% as claimed by the Plaintiff. The Plaintiff failed to prove that the Defendant was contractually liable to pay the monies at the rate of 18% per annum.

Outcome

Judgment in favor of the Plaintiff for interest at court rates from the date of filing suit until 17th March 2014

Orders

  • Interest is payable at court rates from the date of filing suit until 17th March 2014 on the sum of Kshs 14,640,000/=

Authorities cited

Legislation (1)
  • Civil Procedure Rules, 2010
Cases cited (2)
  • Civil Appeal No 135 of 2001 Ajay Indravan Singh vs Guilders International Bank Limited
  • Tate & Lyle Food and Distribution Limited vs Greater London Council & Another
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.
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