[2015] KEHC 8359 (KLR)

[2015] KEHC 8359 (KLR)

The court held that costs generally follow the event, and the plaintiffs, having succeeded in their monetary claim by way of a consent judgment, are entitled to costs. The consent did not compromise on costs, and there was no conduct by the plaintiffs to disentitle them to costs. On interest, the court found that the plaintiffs were deprived of the use of their money and are entitled to interest as compensation. However, since there was no evidence to support the plaintiffs' claimed rate of 19%, the court awarded interest at court rates from the date of filing the suit to the date of payment. The court exercised its discretion under Sections 26(1) and 27(1) of the Civil Procedure Act to...

Citation
[2015] KEHC 8359 (KLR)
Parties
Plaintiff: Rose Kaume; Plaintiff: Enos Ntombura; Defendant: Stephen Gitonga Mbaabu t/a S. G Mbaabu & Co. Advocates; Defendant: Ocean Breeze Estates Limited
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
2 December 2015
Case Number
Civil Case 197 of 2013
Procedural Posture
Civil Case / Ruling on Costs and Interest Following Consent Judgment
Outcome
Costs and interest at court rates awarded to the plaintiffs.
Judges
CM Kariuki
Legal Topics
Costs Follow the Event, Interest on Pecuniary Judgments, Compromise of Suit, Court Discretion on Costs
Source Language
English
Civil Procedure Commercial and Corporate Costs Follow the Event Interest on Pecuniary Judgments Compromise of Suit Court Discretion on Costs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 10 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Rose Kaume

Plaintiff

Enos Ntombura

Plaintiff

Stephen Gitonga Mbaabu t/a S. G Mbaabu & Co. Advocates

Defendant

Ocean Breeze Estates Limited

Defendant

Procedural Posture

Civil Case / Ruling on Costs and Interest Following Consent Judgment

Legal Issues

  1. 1 Whether the plaintiffs are entitled to costs following a consent judgment settling the monetary claim.
  2. 2 Whether the plaintiffs are entitled to interest on the settled sum, and at what rate.

Ratio Decidendi

The court held that costs generally follow the event, and the plaintiffs, having succeeded in their monetary claim by way of a consent judgment, are entitled to costs. The consent did not compromise on costs, and there was no conduct by the plaintiffs to disentitle them to costs. On interest, the court found that the plaintiffs were deprived of the use of their money and are entitled to interest as compensation. However, since there was no evidence to support the plaintiffs' claimed rate of 19%, the court awarded interest at court rates from the date of filing the suit to the date of payment. The court exercised its discretion under Sections 26(1) and 27(1) of the Civil Procedure Act to...

Court Disposition

Costs and interest at court rates awarded to the plaintiffs.

Orders

  • The plaintiffs are awarded costs of the suit.
  • The plaintiffs are awarded interest at court rates from the date of filing the suit to the date of payment of the decretal amount.