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Joyce Rasugu & another v Susan Kwamboka Nyaribo [2020] KEMSET 108 (KLR)

[2020] KEMSET 108 (KLR) KEMSET
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Court
KEMSET
Case number
108
Citation
[2020] KEMSET 108 (KLR)
Decided
7 January 2020
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeSmall ClaimsPostureClaimant's claim for liquidated sum of Kshs. 45,000/- and interest awarded at 14% per annumCoramJoseph M. Were, Ocharo Kebira, Annette Gikuya
Holding

Interest awarded at 14% per annum

Facts

Respondent was a member of the Mosiabano Self Help Group and borrowed Kshs. 45,000/- from the group on 2nd December 2016. The Loan Agreement was dated 2nd August 2018.

Issues

  1. Claim for interest at 10% per month
  2. Award of interest rate

Reasoning

Claimants proved their case on a balance of probabilities, but interest at 10% per month was deemed unconscionable and against public policy.

Outcome

Claimant awarded Kshs. 45,000/- with interest at 14% per annum

Orders

  • Interest to be charged from date of borrowing till full payment
  • Respondent to bear costs of the claim

Remedies

  • Award of interest at 14% per annum
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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