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…25, 1991 Gachuhi,Masime JJ A & Omolo Ag JA Civil Appeal No 144 of 1990 Kenya Breweries Ltd v Saro (Appeal from a Judgment and decree of the High Court at Mombasa, Githinji J, dated 21st May 1990 in HCCC No 602 of 1987) Damages…

…- general damages - claim for damages under the Fatal Accidents Act (cap 32) - father claiming damages for the death of six year old child - whether father entitled to such damages in the absence of evidence of any pecuniary…

…It was agreed between the learned counsel for the parties that the issue No 2 in the draft issues annexed to the summons for direction be argued first in order that the claim for general damages in the plaint could be determined…

…in making such a high award. e) THAT the learned trial Magistrate's award on general damages was so high as to be entirely erroneous. 10.…

…The court awarded General damages for pain and suffering of Kshs.1,300,000 in 2013. 15.…

…General damages for breach of contract; b. General damages for the appellant’s disparaged/ ruined employment record; c.…

…Whether the appellant is entitled to an award of general damages for breach of contract is a question of law. General damages are awarded at the court’s discretion.…

…damages.…

…The appeal against the award of general damages is partially allowed. The trial court's award of Kshs. 1,500,000/= as general damages is hereby set aside and substituted with an award of Kshs. 1,200,000/=. ii.…

…The quantum of general damages was to be canvassed by way of written submissions. 4.…

…The Appellants submitted that an award of Kshs.500,000/= in general damages would be adequate compensation placing reliance in Julie Akoth Onyango vs.…

…Further that the trial court erred in awarding general damages for loss of user/business.…

…In the plaint before the lower court, the Respondent pleaded general damages for loss of business.…

…The plaintiff sought judgement against the defendant for general damages, special damages, future medical expenses, loss of earnings diminished, earning capacity interest on General and Special damages and costs of the suit…

…The Learned Trial Magistrate erred in law and in fact by failing to consider the appellant’s submissions and judicial authorities on general damages thereby arriving at an erroneous figure on general damages. 4.…

…E21 of 2023 against the Respondent, seeking both general and special damages arising from injuries sustained in a road traffic accident that occurred on 5.10.21 at Malindi-Casuarina Road.…

…The Appellant prayed that the appeal be allowed with costs and that the quantum of general damages be set aside and the Court do proceed to reassess the same upwards and make appropriate awards on general damages for pain…

…The appeal is about interest payable on general damages, that is, whether it is from the date of filing suit or from the date of judgment. 2.…

…It would appear to me that the issue herein arose from an error by the trial court in lumping the issue of when interest was payable for special damages together with general damages.…

…He awarded general damages of Kshs 180,000/-, Kshs 8,100/- special damages and costs.…

…The learned trial magistrate erred in law and in fact by failing to consider conventional awards for general damages in cases of similar injuries and awarded general damages for pain and suffering which is very low.…

…The respondent therefore sought special damages of Kshs20,105, general damages for pain, suffering and loss of amenities, costs of the suit, interests on special damages, general damages and costs of the suit and any other…

…General damages for pain suffering and loss of amenities assessed at Kshs. 650,000. 30.…

…damages and the case of Kiama vs Mutiso (Civil Appeal 40 of 2023)[2024] KEHC 5135) where an award of Kshs 700,000/= general damages was set aside and substituted with general damages in the sum of Kshs 400,000/=.…

…He therefore proposed a maximum award of Kshs 350,000/= general damages.…

…The distinction between general and special damages is mainly a matter of pleading and evidence.…

…The LexisNexis overview on general damages states as follows: “General damages are those damages which cannot be precisely calculated and an assessment of an appropriate sum is made.…

…She was awarded general damages of Kshs. 1,500,000/- on 3/01/2015. 49.…

…On 23rd November, 2018 he was awarded general damages of Kshs. 2,000,000/. 50.…

…In the present case, the amount of award in contest is Kshs. 300,000/= general damages awarded by the trial court.…

…On this appeal, the appellants counsel having the onus to persuade this court that the trial Magistrate erred in assessing general damages, was expected to demonstrate the justifications for proposing for general damages…

…The respondent herein moved the trial court via plaint dated 28th February 2019 and filed on 23rd April 2019, seeking the following reliefs; special damages Kes.235,513/-, general damages and costs and interests. 2.…

…the general damages; e) That the learned trial magistrate erred in making a highly and manifestly excessive and or inordinately high award on general damages; f) That the learned trial magistrate erred in failing to appreciate…

…In the said suit, the Appellant sued the Respondent for general and special damages arising from a road traffic accident in which he sustained bodily injuries. 2.…

…to consider conventional awards for general damages in cases of similar injuries and awarded general damages for pain and suffering which is very low. c) THAT the Learned Trial Magistrate erred in law and in fact by failing…

…He proposed general damages in the sum of Ksh. 100,000/= and relied on the case of Eva Karemi & 5 others vs Koskei and another (2020) eKLR where the plaintiffs were awarded general damages of between Ksh. 40,000/= -70,000…

…It is my considered view that general damages in the sum of Ksh. 100,000/= is adequate in this case.…