[1998] KEHC 198 (KLR)
The court held that the award of interest is discretionary under Section 26(1) of the Civil Procedure Act. Although the plaintiff did not specifically plead for interest, the nature of the claim—being for special damages—entitles the plaintiff to interest from the date of filing suit. The court found that the...
Source-derived case information.
- Citation
- [1998] KEHC 198 (KLR)
- Parties
- Plaintiff: Jackson Mathi Kaithula; Defendant: The Kenya National Examination Council
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 4187 of 1990
- Procedural Posture
- Civil Case / Post Judgment Application for Interest
- Outcome
- Application for interest allowed.
- Judges
- A Mbogholi-Msagha
- Legal Topics
- Interest Awards, Special Damages, Court Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jackson Mathi Kaithula
Plaintiff
The Kenya National Examination Council
Defendant
Procedural Posture
Civil Case / Post Judgment Application for Interest
Legal Issues
- 1 Whether the plaintiff is entitled to interest on the decretal sum despite not having pleaded for it in the plaint.
- 2 From what date and at what rate should interest be awarded on special damages?
Ratio Decidendi
The court held that the award of interest is discretionary under Section 26(1) of the Civil Procedure Act. Although the plaintiff did not specifically plead for interest, the nature of the claim—being for special damages—entitles the plaintiff to interest from the date of filing suit. The court found that the defendant's withholding of the plaintiff's money since 1988 justified the award of interest. Accordingly, the court ordered that the defendant pay interest at the rate of 14% per annum from the date of filing the suit until payment in full of the decretal sum. Each party was ordered to bear its own costs for the application.
Court Disposition
Application for interest allowed.
Orders
- The defendant shall pay interest to the plaintiff at the rate of 14% per annum from the date of filing the suit until payment in full of the decretal sum.
- Each party shall bear its own costs of this application.
Full Case Text
Judgment text and source record
11 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL CASE NO. 4187 OF 1990
JACKSON MATHI KAITHULA.............................................PLAINTIFF VERSUS THE KENYA NATIONAL EXAMINATION COUNCIL..........................................................................DEFENDANT
R U L I N G
On 4th February, 1997 this court gave judgment in favour of the plaintiff in the sum of Kshs. 750,650. 60. The court made a further order that the plaintiff shall have the costs of the suit and interest at court rates. It has transpired that the plaintiff never pleaded any prayer for interest and therefore the defendant says he is not entitled to any. On the other hand, the plaintiff is entitled to interest from the year 1988 when the defendant withheld his money.
Section 26 sub(1) provides that the court may order interest at such rates as it deems reasonable to be paid on the principal sum from the date of the suit to the date of the decree e.t.c.
It is clear that the order for interest is at the discretion of the court. What the plaintiff claimed were special damages and special damages attract interest from the date of filing suit to the date of paying it in full.
To resolve this matter I order that the defendant shall pay interest to the plaintiff notwithstanding that it was not pleaded at the rate of 14% from the date of filing the suit up to payment in full, of the decretal sum. Each party shall bear own costs of this application.
Orders accordingly.
Dated and delivered at Nairobi this 31st day of July, 1998
A. MBOGHOLI MSAGHA
JUDGE