Kisumu Steel Company Limited v Arvind Engineering Limited [2017] KEHC 2879 (KLR)
- Court
- High Court of Kenya
- Case number
- 2879
- Citation
- [2017] KEHC 2879 (KLR)
- Decided
- 5 October 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureAppeal from a judgment entered on 31st May 2017
Holding
The application for review has no merit and is dismissed. Interest shall be at court rates from the date of judgment till payment in full.
Facts
Kisumu Steel Company Limited sued Arvind Engineering Limited for a sum of Kshs 3,012,262/= and interest from the date of judgment. The defendant counter-claimed for a sum of Kshs 1,487,738/=.
Issues
- whether to award interest and the time from which such interest should run
- whether the interest should run from the date of filing suit or the date of judgment
Reasoning
Interest for general damages runs from the date of judgment, while for special damages it runs from the date of filing suit. The plaintiff's claim was for general damages.
Outcome
Appeal dismissed
Orders
- Interest to be at court rates from the date of judgment till payment in full
Authorities cited
Cases cited (4)
- Orix Oil (Kenya) Limited V Paul Kabeu & 2 Others [2014]eKLR
- Hirji V Modessa (1967)EA 724
- Khan V Cooke & Others (1975)EA 318
- Civil Procedure Act and Rules
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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