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Centre for Mathematics Science and Technology Education In Africa (Cemestea) v Apex Security Services Limited [2021] KEHC 8720 (KLR)

[2021] KEHC 8720 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
8720
Citation
[2021] KEHC 8720 (KLR)
Decided
8 March 2021
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment and decree of the Nairobi Milimani Chief Magistrate CourtCoramJustice
Holding

The court declared that the applicable court interest rate is 12% per annum and that interest is payable from the date the suit was filed, i.e., 14/7/2016.

Facts

The applicant, Cemestea, filed an application seeking a stay of execution of a judgment and decree from the Nairobi Milimani Chief Magistrate Court. The application also sought declarations on the applicable court interest rate and the period for interest claims.

Issues

  1. Applicable court interest rate
  2. Period for interest claims
  3. Whether the court interest rate is applicable

Reasoning

The court ruled that the applicable interest rate is 12% per annum as per the 1982 Practice Notice. The period for interest claims is from the date the suit was filed.

Outcome

The application was partly granted, with the court declaring the applicable interest rate and the period for interest claims.

Orders

  • Stay of execution of the judgment and decree from the Nairobi Milimani Chief Magistrate Court
  • Declaration on the applicable court interest rate
  • Declaration on the period for interest claims

Authorities cited

Legislation (1)
  • Civil Procedure Act
Cases cited (4)
  • B.O.G. TAMBACH TEACHERS TRAINING COLLEGE v. MARY KIPCHUMBA
  • MARGARET WANJIRU MBURU & 3 OTHERS v. KENYA COMMERCIAL BANK
  • NEW TYRES ENTERPRISES LIMITED v. KENYA ALLIANCE INSURANCE COMPANY LTD
  • JANE WANJIKU WAMBU v. ANTHONY KIGAMBA HOTO & OTHERS
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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