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Plaza Trust Limited v Hardrock Café Limited & 2 others [2017] KEHC 6056 (KLR)

[2017] KEHC 6056 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
6056
Citation
[2017] KEHC 6056 (KLR)
Decided
23 February 2017
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a judgment awarding interest at 19% per yearCoramR. E. Ougo
Holding

The court declines to grant the prayer for compound interest at 24% per annum and dismisses the application

Facts

The plaintiff sought compound interest at 24% per annum from the date of filing suit until payment in full, as prayed for in the re-amended plaint. The court awarded interest at 19% per year from the date of filing suit.

Issues

  1. Whether the court can correct a clerical or arithmetical mistake in its judgment
  2. Whether the plaintiff can bring an application for review after the ruling on June 26, 2016

Reasoning

The court found no accidental slip or omission in the judgment and cannot revisit the issue of interest awarded. The plaintiff is advised to appeal if dissatisfied with the interest awarded.

Outcome

Application dismissed

Authorities cited

Legislation (2)
  • Civil Procedure Act Cap. 21 of the Laws of Kenya
  • Order 45 rule 6 of the Civil Procedure rules
Cases cited (1)
  • Black's Law Dictionary
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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