Black Stallion Limited v Koech (Civil Appeal E104 of 2021) [2026] KEHC 4607 (KLR) (10 April 2026) (Ruling)

Black Stallion Limited v Koech (Civil Appeal E104 of 2021) [2026] KEHC 4607 (KLR) (10 April 2026) (Ruling)

The court had addressed the issue of liability, including the second ground of appeal, as a composite question. No error apparent on the face of the record exists. Interest on the revised decretal sum runs from the date of the lower court judgment to the date of deposit into court, after which it ceases. Interest on costs continues until payment in full.

Citation
[2026] KEHC 4607 (KLR)
Parties
Appellant: Black Stallion Limited; Respondent: Daniel Kipkemboi Koech
Court
High Court
Jurisdiction
Kenya
Judgment Date
10 April 2026
Case Number
Civil Appeal E104 of 2021
Procedural Posture
Civil Appeal / Ruling on Review Application
Outcome
application partly allowed and partly dismissed
Legal Topics
Review of Judgment, Interest on Decretal Sum, Apportionment of Liability, Costs
Source Language
English
Civil Procedure Review of Judgment Interest on Decretal Sum Apportionment of Liability Costs

Case Brief

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Parties

Black Stallion Limited

Appellant

Daniel Kipkemboi Koech

Respondent

Procedural Posture

Civil Appeal / Ruling on Review Application

Legal Issues

  1. 1 Whether failure to expressly determine the second ground of appeal constitutes an error apparent on the face of the record justifying review
  2. 2 Whether interest should continue to accrue on the decretal sum after deposit into court
  3. 3 Entitlement to interest on costs not deposited

Ratio Decidendi

The court had addressed the issue of liability, including the second ground of appeal, as a composite question. No error apparent on the face of the record exists. Interest on the revised decretal sum runs from the date of the lower court judgment to the date of deposit into court, after which it ceases. Interest on costs continues until payment in full.

Court Disposition

application partly allowed and partly dismissed

Orders

  • Prayer for review of judgment on alleged omission dismissed.
  • Interest on revised decretal sum of Kshs. 870,000 runs from 20th August 2021 to 17th February 2023 and not beyond.