Joyce Rasugu & another v Dolphine Kemunto Duke [2020] KEMSET 90 (KLR)
- Court
- KEMSET
- Case number
- 90
- Citation
- [2020] KEMSET 90 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMicro and Small Enterprises TribunalPostureClaim set down for formal proof instead of requesting final judgement in default of appearanceCoramJoseph M. Were, Ocharo Kebira, Annette Gikuya
Holding
Interest is awarded at the rate of 14% per annum from the date of borrowing till full payment
Facts
Mosiabano Self Help Group lent Dolphine Kemunto Duke Kshs. 10,000 on December 2, 2016. The group claimed interest and costs, which the Respondent did not challenge.
Issues
- Interest rate for the loan
- Award of interest
Reasoning
The claimants proved their case on a balance of probabilities, but the court decided not to award interest at 10% per month due to it being unconscionable and against public policy.
Outcome
Claimants awarded Kshs. 10,000 with interest at 14% per annum
Orders
- Interest is to be charged from the date of borrowing till full payment
- Respondent to bear the costs of the claim
- Party and party costs assessed at Kshs. 5,000/-
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.
Loading judgment…