Makhecha and Company Advocates v Central Bank of Kenya [2020] KEHC 9769 (KLR)
- Court
- High Court of Kenya
- Case number
- 9769
- Citation
- [2020] KEHC 9769 (KLR)
- Decided
- 12 June 2020
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureApplicant seeks to convert a Certificate of Costs into a decree and Judgment together with interestCoramD. S. MAJANJA, Havelock
Holding
The court finds and holds that the issue of interest could not be raised during the proceedings prior to certification of the application.
Facts
The applicant sought Kshs. 25,299,686.90 from the respondent (the Bank) for costs. The Bank opposed the application.
Issues
- Whether the claim for interest is res judicata.
- Whether the application is entitled to interest as claimed or at all.
Reasoning
The court's reasoning is based on the Civil Procedure Act and the Advocates Act, stating that interest can only be awarded once the amount due is ascertained by the decree.
Outcome
The respondent shall pay interest at 12% per annum on the Kshs. 23,772,981.90 from 15 May 2012 until the date of payment.
Orders
- Interest at 12% per annum on the Kshs. 23,772,981.90 from 15 May 2012 until the date of payment.
- Costs of the application assessed at Kshs. 20,000/.
Authorities cited
Legislation (2)
- Civil Procedure Act
- Advocates 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.
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