[2019] KEHC 5051 (KLR)
The court held that since the respondent unjustifiably withheld payment of a liquidated sum awarded to the applicant, interest at court rates should accrue from the date the application was filed, namely 19th February, 2013. The court found that this approach best serves the interests of justice, given that the...
Source-derived case information.
- Citation
- [2019] KEHC 5051 (KLR)
- Parties
- Applicant: Florence Nyaguthii Murage; Respondent: Rumba Kinuthia & Co Advocates
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 141 of 2013
- Procedural Posture
- Miscellaneous Application / Ruling on Interest Payable Following Judgment
- Outcome
- Application on interest allowed; interest to run from 19th February, 2013.
- Judges
- A Mbogholi-Msagha
- Legal Topics
- Interest on Judgment Debt, Enforcement of Judgments
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Florence Nyaguthii Murage
Applicant
Rumba Kinuthia & Co Advocates
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Interest Payable Following Judgment
Legal Issues
- 1 Whether interest on the judgment sum should be payable from the date the application was filed.
- 2 What is the appropriate date from which interest should accrue on the liquidated sum awarded to the applicant.
Ratio Decidendi
The court held that since the respondent unjustifiably withheld payment of a liquidated sum awarded to the applicant, interest at court rates should accrue from the date the application was filed, namely 19th February, 2013. The court found that this approach best serves the interests of justice, given that the respondent had no valid reason for delaying payment and was aware that such delay would attract a penalty in the form of interest. The court reaffirmed that the penalty for withholding payment in monetary claims is the imposition of interest, and that the respondent's conduct warranted the application of interest from the date of filing the application. No additional costs were...
Court Disposition
Application on interest allowed; interest to run from 19th February, 2013.
Orders
- Interest on the sum of Kshs.1,588,476 to be paid to the applicant at court rates from 19th February, 2013.
- No other costs are payable at this stage.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MISCELLANEOUS CIVIL APPLICATION NO. 141 OF 2013
FLORENCE NYAGUTHII MURAGE.................................................APPLICANT
VERSUS
RUMBA KINUTHIA & CO ADVOCATES.....................................RESPONDENT
R U L I N G
On 26th March, 2019 the advocates appearing for the parties herein informed the court that the only issue remaining is the interest payable following the ruling of this court made on 14th December, 2017. Both parties had filed submissions relating to the same.
On 14th December, 2017 aforesaid, this court made a ruling compelling the respondent to pay the applicant a sum of Kshs.1,588,476/- plus interest at court rates from the date it was due and payable. This followed an application that was lodged by the applicant to pay the above sum which had not been paid by the respondent following compensation paid by the state.
The court found as a fact that there was no reason to withhold the said sum, the applicant having established that the respondent should pay the same.
The application leading to the present ruling was filed on 19th February 2013. The applicant had secured a judgment delivered on 21st July, 2010 by Okwengu J, (as she then was). The amount awarded to the applicant in the ruling dated 14th December 2017 was a liquidated sum. The court was specific that the interest would be payable at court rates from the date it was due and payable.
The respondent knew or ought to have known that any withholding of the applicant’s dues would attract some penalty. Where the subject matter is money the penalty is in the form of interest.
There was no reason why the respondent did not pay the applicant all the money due and payable at the time he made the first payment. He has attracted this penalty to himself.
I find that the interest due and payable to the applicant should run from the date the application was filed that is, 19th February, 2013. That shall meet the interest of justice in the circumstances of this case. No other costs are payable at this stage.
Dated, signed and delivered at Nairobi this 4th day of June, 2019.
A. MBOGHOLI MSAGHA
JUDGE