[2006] KEHC 3285 (KLR)
The court found that the plaintiffs had delayed unreasonably in prosecuting the application for interest and costs after the registration of the foreign judgment. Although an application to set aside the registration was pending for some time, the plaintiffs failed to pursue the matter diligently even after its...
Source-derived case information.
- Citation
- [2006] KEHC 3285 (KLR)
- Parties
- Plaintiff: Pioneer General Assurance Society Limited; Plaintiff: Pioneer Investment Trust Limited; Plaintiff: Shamsudeen Nimji Javer; Plaintiff: Abdulmajid Nimji Javer; Plaintiff: Ali Ahamed Hadi Nimji; Defendant: Zulfikarali Nimji Javer (Known as “Zool”); Defendant: Rahmatalli Abdulla; Defendant: Rennie Richardson; Defendant: International Holdings (U) Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 916 of 1997
- Procedural Posture
- Civil Case / Ruling on Interest and Costs After Registration of Foreign Judgment
- Outcome
- Plaintiffs awarded interest at court rates from date of ruling and costs of the originating summons; interest from date of registration denied.
- Judges
- DW Mbuteti
- Legal Topics
- Foreign Judgment Enforcement, Registration of Foreign Judgments, Interest Awards, Court Discretion, Delay in Prosecution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Pioneer General Assurance Society Limited
Plaintiff
Pioneer Investment Trust Limited
Plaintiff
Shamsudeen Nimji Javer
Plaintiff
Abdulmajid Nimji Javer
Plaintiff
Ali Ahamed Hadi Nimji
Plaintiff
Zulfikarali Nimji Javer (Known as “Zool”)
Defendant
Rahmatalli Abdulla
Defendant
Rennie Richardson
Defendant
International Holdings (U) Limited
Defendant
Procedural Posture
Civil Case / Ruling on Interest and Costs After Registration of Foreign Judgment
Legal Issues
- 1 Whether the plaintiffs are entitled to interest on the registered foreign judgment from the date of registration until payment in full.
- 2 Whether the plaintiffs are entitled to costs of the originating summons.
Ratio Decidendi
The court found that the plaintiffs had delayed unreasonably in prosecuting the application for interest and costs after the registration of the foreign judgment. Although an application to set aside the registration was pending for some time, the plaintiffs failed to pursue the matter diligently even after its dismissal, resulting in a delay of over eight years. The court held that it would be unjust to award interest against the defendants for the entire period since registration. Exercising its discretion under Section 8(2)(e) of Cap. 43, the court declined to award interest from the date of registration but instead awarded interest at court rates from the date of the ruling. The...
Court Disposition
Plaintiffs awarded interest at court rates from date of ruling and costs of the originating summons; interest from date of registration denied.
Orders
- Plaintiffs awarded interest on the judgment sum at court rates from the date of delivery of this ruling until payment in full.
- Plaintiffs awarded costs of the originating summons.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA
AT NAIROBI (MILIMANI COMMERCIAL COURTS) Civil Case 916 of 1997 (O.S)
1. PIONEER GENERAL ASSURANCE SOCIETY LIMITED
2. PIONEER INVESTMENT TRUST LIMITED
3. SHAMSUDEEN NIMJI JAVER
4. ABDULMAJID NIMJI JAVER
5. ALI AHAMED HADI NIMJI ……………………...........……………….. PLAINTIFFS
AND
ZULFIKARALI NIMJI JAVER (Known as “Zool”)
1. RAHMATALLI ABDULLA
2. RENNIE RICHARDSON
3. INTERNATIONAL HOLDINGS (U) LIMITED………….......…..DEFENDANTS
R U L I N G
The Plaintiffs sought the following reliefs in the originating summons dated 14th April 1996:-
1. An order that the judgement entered for the Plaintiffs in the Ugandan case appearing in the title above in the sum of UShs.35,687,500/00 (equivalent to KShs.1,903,556/60) be registered in the High Court of Kenya at Nairobi in accordance with the provisions of the Foreign Judgements (Reciprocal Enforcement) Act, Cap. 43, Laws of Kenya.
2. An order that the Plaintiffs be granted interest on the said judgement sum from the date of registration thereof until payment in full.
3. An order that the Plaintiffs be granted the costs of this application.
On the 17th April 1997 this Court (Aluoch, J.) granted the first prayer of the originating summons. On 23rd November 2005 the Plaintiffs urged the second and third prayers before me. It is apparent that it has taken them over 8 years to do so. Now they want this Court to award them interest on the judgement sum from 17th April 1997 until payment in full.
I have perused the record of this old matter. I do not find any sufficient reason why the Plaintiffs could not have urged prayer No. 2 of the originating summons earlier. It is true that an application had been filed seeking to set aside the order of Aluoch, J. of 17th April, 1997. That application was by chamber summons dated 2nd May 1997. The same was not heard until 17th October 2000. Ruling thereon was delivered on 8th November 2000. The application was dismissed. In my view the Plaintiffs could have pressed for the earlier hearing and disposal of that application. Worse still, after the said application was dismissed, the Plaintiffs waited some five years to prosecute the rest of the originating summons. One of them, the 3rd Plaintiff, died in the meantime in the year 2003. I find no sufficient reason at all in the Court record for this long delay in prosecuting the rest of the originating summons.
In these circumstances I think it would be patently unjust to award interest against the Defendants from the date of registration of the judgement over 8 years ago. Under Section 8 (2) (e) of Cap. 43 aforesaid the Court has the discretion to award interest from the date of registration of the judgement calculated at the rate applicable to a judgement of the High Court of Kenya. For the reasons given above I will not exercise this discretion in favour of the Plaintiffs. However I shall award them interest upon the judgement sum at court rates from the date of delivery of this ruling. It is so ordered. The Plaintiffs shall also have the costs of the originating summons. Order accordingly.
DATED AND SIGNED AT NAIROBI THIS 7TH DAY OF FEBRUARY, 2006.
H.P.G. WAWERU
JUDGE
DELIVERED THIS 10TH DAY OF FEBRUARY, 2006.