Case law
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Division and case type: CivilCivil Appeal
…NO. 494 OF 1994) ************************* JUDGEMENT OF THE COURT This is an appeal against the quantum of damages awarded by the superior court (Osiemo, J.) to the respondent who was the victim of a motor accident.…
Division and case type: CivilCivil Appeal
…NO. 494 OF 1994) ************************* JUDGEMENT OF THE COURT This is an appeal against the quantum of damages awarded by the superior court (Osiemo, J.) to the respondent who was the victim of a motor accident.…
Division and case type: CivilCivil Appeal
…The appeal is therefore on quantum of general damages and date of conversion of the Italian Lira in respect of the special damages awarded by the superior court in foreign currency.…
…For the benefit of Mr Kariuki and many others who will venture to practice in this branch of the law, we would recall the well-settled law that for this Court to interfere with the quantum of damages awarded by the trial…
Division and case type: CivilCivil Appeal
…The quantum of damages for the loss of an eye was a matter of public importance in view of the widely disparate awards that have so far been given in Kenya, and that he should, at the very least, be given an adjournment to…
Division and case type: CivilCivil Appeal
…These grounds are mainly on liability and quantum of damages.…
…In view of this, we do not have to deal with the appellant's appeal on quantum of damages.…
Division and case type: CivilCivil Appeal
…The quantum of damages for the loss of an eye was a matter of public importance in view of the widely disparate awards that have so far been given in Kenya, and that he should, at the very least, be given an adjournment to…
Division and case type: CivilCivil Appeal
…The appellant’s grievance was limited to the quantum of damages. In order to consider the validity or otherwise of the appellant’s grievance, it is necessary to relate the facts briefly.…
…Although I acknowledge the force of Mr Hayanga’s fair and full argument, in my judgement, no good ground exists for interfering with the quantum of damages awarded by the court below.…
Division and case type: CivilCivil Appeal
…What is the quantum of damages if any. I. Whether the Respondent was negligent 14. The concept of negligence has been established for long under common law.…
…What is the quantum of damages? 29. The Claimant submitted that it should be awarded Kshs 3,000,000 as general damages relying on the case of Anthony Peter Wainaina v Jumba Patrick Oganda & 3 Others[2021] eKLR.…
Division and case type: CivilCivil Appeal
…The only issue was the quantum of damages, special and general, the respondent should pay the appellant.…
…The Ugandan ones from Quantum of Damages by Michael Wilkinson, 1973, 3rd Edition, he characterised as being” ‘very old, the oldest ones being of [the] early sixties and the latest ones of [the] early seventies.’ but went…
Division and case type: CivilCivil Appeal
…The only issue was the quantum of damages, special and general, the respondent should pay the appellant.…
…The Ugandan ones from Quantum of Damages by Michael Wilkinson, 1973, 3rd Edition, he characterised as being” ‘very old, the oldest ones being of [the] early sixties and the latest ones of [the] early seventies.’ but went…
Division and case type: CivilCivil Appeal
…Liability having been admitted, the trial proceeded on the issue of quantum of damages payable to the respondent and on that issue, the only witness who testified before the learned judge was the appellant who narrated to…
Division and case type: CivilCivil Appeal
…The principles to be observed by an appellate court in deciding whether it is justified in distributing the quantum of damages awarded by a trial judge are that it must be satisfied that either that the judge, in assessing…
Division and case type: CivilCivil Appeal
…I also agree with the quantum of damages and costs as proposed by my Lord The Chief Justice.…
Division and case type: CivilCivil Appeal
…The appellant’s appeal concerns the quantum of damages, i.e.…
Division and case type: CivilCivil Appeal
…Please let us have your admission of liability so that the issue of quantum of damages may then be gone into. We are copying this letter to your insurers who may respondent on your behalf.…
Division and case type: CivilCivil Appeal
…The particulars of negligence contained in the plaint were denied by the written statement of defence and the suit went onto trial on the issue of liability as the learned counsel agreed on quantum of damages.…
Division and case type: CivilCivil Appeal
…Coming to the issue of quantum of damages, Mr Justice Masime found that the employer had failed to prove that fact that Didar began these works four weeks later than the contractor would have (all being well) was attributable…
Division and case type: CivilCivil Appeal
…I am in agreement with Nyarangi JA regarding quantum of damages and with orders on costs. Gicheru JA. I have had the advantage of reading in draft the judgment of Nyarangi JA. I agree with it.…
Division and case type: CivilCivil Appeal
…Although some of the grounds in the memorandum of appeal suggest that the quantum of the award was to be challenged before us, no complaint on the quantum of damages was addressed to us.…
Division and case type: CivilCivil Appeal
…Turning now to the quantum of damages, I have had the advantage of reading in draft the judgment of Kneller JA, I entirely agree with it and with the figure he proposes to compensate the respondent for all his pain, suffering…