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Kanje Contractors Ltd & another v Angaine (Civil Appeal 44 of 2018) [2023] KEHC 271 (KLR) (26 January 2023) (Judgment)
Neutral citation:
[2023] KEHC 271 (KLR)
Republic of Kenya
Civil Appeal 44 of 2018
TW Cherere, J
January 26, 2023
Between
Kanje Contractors Ltd
1st Appellant
Stephen Mboroko Mutethia Alias SM Mutethia
2nd Appellant
and
Jennifer Angaine
Respondent
(Being an appeal from the ruling in Meru CMCC NO. 1A of 2006 by Hon. S. Abuya (SPM) on 25th May, 2018)
Judgment
1.By a judgment in Meru CMCC NO. 1A of 2006 dated 29th May, 2017, the trial magistrate found the Appellants’ claim for KES. 838,501/- proved and entered judgment for the same with interest at court rates.
2.Consequently, by an application dated 27th September, 2017, Appellants sought for orders that the judgment of the court be amended/corrected and or rectified to express that interest at court rates was to accrue from the date of filing suit.
3.The learned trial magistrate considered the application and by a ruling dated 25th April, 2018 found it unmerited and dismissed it.
4.It is against the backdrop of that dismissal that Appellants preferred this appeal faulting the learned trial magistrate for failing to exercise the court’s discretion under Section 26 of the Civil Procedure Act in their favour.
5.Section 26 provides that:(1)Where and in so far as a decree is for the payment of money, the court may, in the decree, order interest at such rate as the court deems reasonable to be paid on the principal sum adjudged from the date of the suit to the date of the decree in addition to any interest adjudged on such principal sum for any period before the institution of the suit, with further interest at such rate as the court deems reasonable on the aggregate sum so adjudged from the date of the decree to the date of payment or to such earlier date as the court thinks fit.(2)Where such a decree is silent with respect to the payment of further interest on such aggregate sum as aforesaid from the date of the decree to the date of payment or other earlier date, the court shall be deemed to have ordered interest at 6 per cent per annum.
6.In the case at hand, the learned trial magistrate awarded interest at court rates but did not indicate the period for which interest was to accrue and that by interpretation of subsection 2 above is from the date of the decree.
8.From the foregoing, I find that the trial court fell into error when it failed to award interest from date of filing suit. Accordingly, the decretal sum of KES. 838,501/- shall attract interest at court rates from the date of filing of the suit until payment in full.
9.Circumstances dictate that each party shall bear own costs of the appeal.
DATED AT MERU THIS 26th DAY OF January 2023WAMAE. T. W. CHEREREJUDGEAppearancesCourt Assistant - Morris KinotiFor Appellants - Mr. Gikunda for Gikunda Anampiu & Company AdvocatesRespondents - z for Kiogora Arithi & Associates
