[2016] KEHC 5916 (KLR)
The court determined that the omission to award interest and costs in the original judgment was an accidental slip, not a substantive error. Applying the slip rule, the court held that it has jurisdiction to correct such omissions to reflect its true intention and to do justice between the parties. Interest on...
Source-derived case information.
- Citation
- [2016] KEHC 5916 (KLR)
- Parties
- Appellant: Michael Murimi Kamanzi; Respondent: Jamesons Industries Limited & Another
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 59 of 2007
- Procedural Posture
- Civil Appeal / Post Judgment Clarification on Interest and Costs
- Outcome
- Appeal allowed with clarification; interest and costs awarded as specified.
- Judges
- A Mbogholi-Msagha
- Legal Topics
- Interest Award, Costs Award, Slip Rule, Judgment Correction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Michael Murimi Kamanzi
Appellant
Jamesons Industries Limited & Another
Respondent
Procedural Posture
Civil Appeal / Post Judgment Clarification on Interest and Costs
Legal Issues
- 1 Whether the court should award interest where the original judgment was silent on it.
- 2 Whether the omission to award interest and costs can be corrected post-judgment under the slip rule.
Ratio Decidendi
The court determined that the omission to award interest and costs in the original judgment was an accidental slip, not a substantive error. Applying the slip rule, the court held that it has jurisdiction to correct such omissions to reflect its true intention and to do justice between the parties. Interest on general damages is to accrue from the date the lower court should have pronounced itself, while interest on special damages is payable from the date of filing suit in the lower court. Costs also attract interest. The court exercised its discretion under Section 26 of the Civil Procedure Act to award interest accordingly.
Court Disposition
Appeal allowed with clarification; interest and costs awarded as specified.
Orders
- Interest on general damages awarded from the date the lower court ought to have pronounced itself.
- Interest on special damages awarded from the date of filing suit in the lower court.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
HIGH COURT CIVIL APPEAL NO. 59 OF 2007
MICHAEL MURIMI KAMANZI ............................. APPELLANT
VERSUS
JAMESONS INDUSTRIES LIMITED
& ANOTHER ....................................................... RESPONDENT
JUDGMENT
On 8th July, 2015 I allowed the appeal herein with costs to the appellant. However, the judgment was silent on interest payable and both parties have revisited the said judgment.
The appellant submits that interest is payable while the respondents oppose this on the ground that it was not awarded by the court.
This court must admit it was an error on its part to have failed to make an order relating to costs. To revisit the ruling is not to sit on appeal on its own judgment and therefore I have to do so in the interests of justice.
Interest is awardable at the discretion of the court. See Section 26 of the Civil Procedure Act. From the cited cases HCCA NO. 40 OF 2007 and NAIROBI HCCA NO. 263 OF 2006. The said interest should be awarded from the date of the decree of the lower court.
Applying the principle of the slip rule, I find that interest is awarded in my judgment aforesaid. General damages attract interest from the date the lower court ought to have pronounced itself while interest on special damages is payable from the date of filing suit in the lower court. Costs also attract interest.
It is so ordered.
Dated, signed and delivered at Nairobi this23rd day of March, 2016
A. MBOGHOLI MSAGHA
JUDGE