Mount Kenya Safari Club Limited v Donald Jenkins

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.

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.

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.