Joyce Rasugu & another v Susan Kwamboka Nyaribo [2020] KEMSET 108 (KLR)
- 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
- Claim for interest at 10% per month
- 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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