Mwalimu National Savings and Credit Co-operative Society Limited v Makau t/a Mem Consultancy (Civil Appeal E1341 of 2023) [2025] KEHC 14404 (KLR) (Civ) (14 October 2025) (Judgment)
- Court
- High Court of Kenya
- Case number
- 14404
- Citation
- [2025] KEHC 14404 (KLR)
- Decided
- 14 October 2025
The 15% interest on the amount awarded by the court is set aside and substituted with an order for interest to be charged at court rates of 12%. The other orders of the trial court remain unaffected.
Facts
The appellant and respondent entered into a contract for professional services. The respondent rendered consultancy services, but the appellant did not attain the intended objectives. The appellant sought recovery of Kshs. 1,000,000.00, while the respondent argued that the payment was conditional on the success of the transactions.
Issues
- Whether the payment of 50% of the agreed fee was conditional on the success of the transactions.
- Whether the trial court erred in awarding 15% interest on the decretal amount.
Reasoning
The court found that the payment of 50% of the agreed fee was not conditional on the success of the transactions. The trial court erred in awarding 15% interest, which was not a term of the contract.
Outcome
Appeal allowed to the extent of the rate of interest charged on the court award.
Orders
- Interest to be charged at court rates of 12%.
- Other orders of the trial court remain unaffected.
Authorities cited
Cases cited (1)
- Samuel Muciri W’Njuguna & others vs. Kenya Tea Development Agency Ltd & another [2015] eKLR [2015] KEHC 6782 (KLR) (Odunga, J)
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