Clerwell Investments Ltd v Best Adventures Safaris Ltd (Environment and Land Appeal E012 of 2024) [2026] KEELC 1822 (KLR)
The bottom line
#Kenya's Environment and Land Court confirmed that when a judgment is a fixed, known debt, interest runs from the date you filed suit, not from judgment.
What this practically means
#Executive summary
#Key legal issues
#Whether the trial court wrongly declined to review its judgment on the interest commencement date
The appeal was merited; the contradiction between the trial court's analysis (interest from date of filing) and its final order (interest from date of judgment) was an error apparent on the face of the record, and asking for its correction was not asking the court to sit on its own appeal.
The trial court's analysis on page 9 expressly directed interest from the date the case was first filed, but Order (b) in the conclusion directed interest from the date of judgment. The court found this unexplained contradiction to be an error apparent on the face of the record under Section 80 of the Civil Procedure Act and Order 45 Rule 1. Reviewing or clarifying the issue did not amount to sitting on its own appeal, so the application dated 31st May 2023 was properly filed and merited.
Whether interest on the Ksh 2,500,000/= should run from the date of filing the suit
Interest runs from the date of filing the suit because the sum was a liquidated amount - the balance of the purchase price - known from the date of filing.
The Ksh 2,500,000/= was not general damages but the ascertainable balance of the purchase price, since only Ksh 8.5 million of the Ksh 11 million price had been paid. Under Section 26 of the Civil Procedure Act, interest from the date of filing is awarded where the amount is certain (liquidated). The amount was certain, and the trial court's page 9 analysis reflected this intention.
Legal principles established
#- Where a party is entitled to a liquidated amount and has been deprived of it through the wrongful act of another, interest should be awarded from the date of filing suit
- A discrepancy between a court's analysis and its final orders, unexplained in the judgment, constitutes an error apparent on the face of the record warranting review
Court orders
#- 1.The Ruling and/or Order of the trial court dated 24th June 2024 reviewed and/or set aside, substituted with an order allowing the Appellant's application for review on the award of interest in the judgment of the trial court dated 28th July 2021
- 2.Interest on Ksh 2,500,000/= to be calculated from the date of first filing of the suit until payment
- 3.The holding on page 10 of the trial court's Judgment, specifically Order No (b), declared an error apparent on the face of record
- 4.Appellant entitled to costs of the appeal, borne by the Respondent
- 5.Appellant's Appeal dated 5th October 2024 allowed entirely in terms of prayers Nos 1 and 2 of the Memo of Appeal
- On appeal from
- Narok Chief Magistrate's Court
- Narok CMELC No. 36 of 2018
- Jurisdiction invoked
- First appeal from subordinate court under Order 43 Rule 1 of the Civil Procedure Rules read with Section 75(1)(h) of the Civil Procedure Act; Section 78 of the Civil Procedure Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Clerwell Investments Ltd v Best Adventures Safaris Ltd (Environment and Land Appeal E012 of 2024) [2026] KEELC 1822 (KLR)", Case Analysis (2026). Narok CMELC No. 36 of 2018 (Appeal). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1822/eng@2026-03-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.