MOUNT KENYA SAFARI CLUB LIMITED v DONALD JENKINS [1997] KECA 78 (KLR)
The bottom line
#When settling a Court of Appeal order in Kenya, unvaried High Court decisions stand, and interest on special damages runs from the date you filed suit.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.The date of conversion of the general damages award (US$60,000 equivalent) from US Dollars to Kenya Shillings
- 2.The date of conversion of the special damages award (US$64,190.87 equivalent) from US Dollars to Kenya Shillings
- 3.The date from which interest on special damages should start accruing
- 4.The date from which interest on general damages should start accruing
Key legal issues
#Date of conversion of foreign-currency damages awards
Conversion of both general and special damages is to be made at the date of the superior court's judgment, 14th December 1992, because that holding was not varied on appeal and the variation was limited to the quantum of special damages.
The Court of Appeal's judgment allowed the appeal only as to the variation of special damages and dismissed the cross-appeal. The date of conversion fixed by Hancox CJ was never challenged by appeal or cross-appeal and was never argued before the Court of Appeal. Counsel's argument that non-criticism of the CJ's reasoning implied adoption of a later conversion date was rejected as far-fetched. The settling Judge therefore gave effect to the unvaried holding of the superior court.
Commencement date of interest on special damages
Interest on special damages accrues from the date of filing the suit (10th March 1987) at 12% per annum, per section 26(1) of the Civil Procedure Act.
A claim for special damages is a claim for payment of money for loss already incurred at the date of the suit. Section 26(1) provides that where the decree is for payment of money, the court may order interest from the date of the suit. The superior court's award of costs and interest therefore meant interest on special damages from the date of suit. The appellant's plea of hardship and request for a half rate failed because the successful respondent should not be penalised for litigation delay not of his making.
Commencement date of interest on general damages
Interest on general damages runs from 14th December 1992, the date of the superior court's judgment, at 12% per annum, there being no dispute on this point.
Counsel were agreed that interest on general damages was to commence from the date of the judgment of the superior court. The Judge accordingly directed interest at the normal rate of 12% per annum from that date, consistent with the general principle that general damages attract interest from the date of judgment rather than the date of suit.
Legal principles established
#- Where a decree is for the payment of money, interest under section 26(1) of the Civil Procedure Act runs from the date of the suit to the date of the decree, and a claim for special damages is such a claim for payment of money.
- A single Judge settling the form of the order cannot review or alter the judgment of the court; only matters actually argued and determined on appeal are varied.
- Where an appeal is allowed only to a limited extent, holdings of the superior court not varied on appeal remain intact, including the date of conversion of damages.
Court orders
#- 1.The date of conversion for both special damages and general damages shall be 14th December 1992, as appointed by the superior court
- 2.Interest on special damages shall run from 10th March 1987 (date of filing suit) at 12% per annum
- 3.Interest on general damages shall run from 14th December 1992 at 12% per annum
- 4.Each party shall bear its own costs of the mention
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- On appeal from
- High Court (superior court)
- Not stated
- Jurisdiction invoked
- Rule 34(1)(c) of the Court of Appeal Rules - a Judge who sat at the hearing of the appeal directed by the presiding Judge to settle the form of the order
Relief refused
#Respondent's claim that the date of conversion should be 21st March 1997 (date of the Court of Appeal judgment)
The issue of altering the date of conversion was never argued before the Court of Appeal; the superior court's holding on conversion was not varied, and the Court cannot review or alter its own judgment
Appellant's request that interest on special damages run only from 14th December 1992 or at a reduced rate of 6% per annum
Section 26(1) of the Civil Procedure Act permits interest from the date of the suit where the decree is for payment of money, and the successful respondent should not be punished for delay not of his own making
Costs
Each party shall bear its own costs of this mention.
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
I therefore direct that the date of conversion both in the case of special damages as well as general damages shall be as specifically appointed by the superior court namely 14th December, 1992.
I therefore direct that interest on special damages shall be from 10th March, 1987 at the normal rate of 12% per annum.
I also direct that interest on general damages shall be from 14th December, 1992 at the said rate of 12% per annum.
Each party shall bear its own costs of this mention.
Issues in the judgment
#The judgment quotes Hancox CJ with slightly differing wording in two places ('shall be at the date of delivery of this judgment' and 'shall be as at the date of delivery of this judgment'), and the case title and appeal number are not stated on the face of the ruling.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "MOUNT KENYA SAFARI CLUB LIMITED v DONALD JENKINS [1997] KECA 78 (KLR)", Case Analysis (1997). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/1997/78/eng@1997-03-21
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.