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…Compensation for loss of business from 24/05/2018 till reconnection of electricity at KShs. 100,000/- per day; e. General Damages; f. Costs of the suit; g.…

…The court observed that among the reliefs sought by the Plaintiff was an injunction against the Defendant and an order for compensation for loss of business.…

…The claim, at the trial court, was by the appellant herein, against the respondents, with respect to compensation, arising from personal injuries, sustained in a motor traffic accident.…

…The respondents filed a response to the claim, principally denying it, but, in the alternative, conceding that the accident happened, and compensation was paid. 2.…

…Based on a comparative analysis of similar injury compensation, he submitted that an award of Ksh 2,000,000/= would adequately compensate him for the injuries suffered.…

…The Appellant indeed proved that he was injured and therefore entitled to adequate compensation. The question that then arises is whether the award of damages of Kshs.800,000 /= was adequate.…

…and award compensation to the victim.…

…That the fact that the appellant failed to return the forms does not disentitle his claim for compensation from the court.…

…On compensation, the Respondent submittd that Section 65 of the Act grants discretion to award compensation for both financial and non-financial harm, and that the award of Kshs. 700,000 was reasonable, justified, and aimed…

…Whether Compensation of Kshs. 700,000 Was Arbitrary 46. The Respondent awarded the complainant Kshs. 700,000 as compensation. 47.…

…The argument, made by the appellant, in the appeal, is that that award ought not have been made, asserting that an award of loss of user or profit, would amount to double compensation. 9.…

…However, the latter position that it would not be double compensation, should hold sway, as it would appear to be a position held by both the High Court and the Court of Appeal.…

…Upon discovering the continued use of their images in 2023, they issued a demand letter on 24th November 2023 seeking removal and compensation.…

…In the absence of demonstrated harm, compensation must be moderate and proportionate. 52. The Commissioner’s determination did not set out a clear basis for arriving at Kshs. 500,000 per Respondent.…

…In my considered view, the claim that sought the relief for compensation for personal injuries is the primary suit that was filed by the Appellant against the party against whom judgement was entered and a decree issued.…

…Does that make the declaratory suit that was filed before the Small Claims Court one for compensation for personal injuries? 21. I do not think so.…

…The appellant thereby suffered loss and damage and sought compensation in the Small Claims Court. The respondent in his response dated 28/4/2022 denied the appellant’s claim for compensation.…

…She only came up with the issue of compensation after their relationship went south.…

…In the trial court, the compensation for such injuries was awarded at Kshs.900,000/= but on appeal court gave reduced the same to Kshs.700,000/=.…

…Compensation for loss of future earnings is awarded for real assessable loss proved by evidence. Compensation for diminution in earning capacity is awarded as part of general damages" 29.…

…The claimant, therefore, sought compensation and special damages of Ksh.2800 and costs and interest. 3.…

…In her judgement the trial court found the respondent 100% liable and awarded special damages of Ksh. 2,800 and compensation of Kshs.65,000. 4. Being dissatisfied with sum awarded, the appellant preferred this appeal.…

…E283 of 2024 contrary to the express Provisions of the Section 25 (4) and (5) of the Wildlife Conservation & Management Act, 2013 that vests such mandate in the County Wildlife Conservation and Compensation Committee. c THAT…

…and in fact in failing to distinguish the use of the word "may" used in Section 25(4) of the Wildlife Conservation & Management Act, 2013 which in ordinary parlance meant that the victim retained the option of pursuing compensation…

…E330 of 2024 contrary to the express Provisions of Section 25 (4) and (5) of the Wildlife Conservation & Management Act, 2013 that vests such mandate in the County Wildlife Conservation and Compensation Committee. c THAT…

…and in fact in failing to distinguish the use of the word "may" used in Section 25(4) of the Wildlife Conservation & Management Act, 2013 which in ordinary parlance meant that the victim retained the option of pursuing compensation…

…What would be just compensation is a vexed question.…

…Broadly speaking while fixing an amount of compensation payable to a victim of an accident, the damages have to be assessed separately as pecuniary damages and special damages.…

…The trial Court further noted that the Appellant is entitled to compensation where a claim is made under the Workman Compensation Act.…

…Compensation but failed to apply the same principle in the claim before him. c.…

…But having looked and considered the compensation awarded for comparable or almost comparable injuries both before and after the date of the judgement, I think a fair and reasonable compensation should be within the 40,000…

…I would also accordingly reduce the compensation for pain, suffering and loss of amenities of life to that figure.…

…Other than that she deposes that when her son died, the Applicant’s brother filed a suit for compensation secretly and it was only by the court’s intervention that she was enjoined to the case.…

…The claim herein was one for compensation for fatal injuries sustained by his father in a motor accident. Damages were awarded under the Law Reform Act and the Fatal Accident’s Act.…

…under the Workmen’s Compensation Act (now repealed) paid by the Insurance should be deducted from the final award. 9.…

…Whether the Trial Court ought to have deducted the compensation awarded under Work Injury Benefits Act (WIBA) 45.…

…E283 of 2024 contrary to the express Provisions of the Section 25 (4) and (5) of the Wildlife Conservation & Management Act, 2013 that vests such mandate in the County Wildlife Conservation and Compensation Committee. c THAT…

…and in fact in failing to distinguish the use of the word "may" used in Section 25(4) of the Wildlife Conservation & Management Act, 2013 which in ordinary parlance meant that the victim retained the option of pursuing compensation…