Case law
Search tips: "exact phrase" · -exclude · land | property · negligen* · citations like [2023] KEHC 123
Division and case type: CivilCivil Appeal
…Theplaintiffs still claimed general damages injunction and costs. But they did not claim any special damages. The defendant filed an elaborate amended defence to the amended plaint.…
…Dhanji took a preliminary point to the effect (as far as can be made out from the notes made by the learned judge) that there can be no claim for general damages for inducing a breach of contract and that special damages…
Division and case type: CivilCivil Appeal
…Counsel thought that a sum not in excess of Shs 50,000/- would suffice as general damages if his arguments do not prevail with the Court.…
…I am bearing that circumstances in mind in my assessment of general damages.…
Division and case type: CivilCivil Appeal
…He then proceeded to award the respondent general damages of Shs. 35,000/- for pain and suffering. Dissatisfied with this decision, the appellant appeals to this court and puts forward seven grounds of appeal.…
…In regard to general damages, counsel was of the view that the award by the lower court was modest and that this court should not interfere with it.…
Division and case type: CivilCivil Appeal
…He has also sought special and general damages and an order for specific performance of the agreement of sale.…
Division and case type: CivilCivil Appeal
…He has also sought special and general damages and an order for specific performance of the agreement of sale.…
Division and case type: CivilCivil Appeal
…In answer to those claims Mr Sampson held that the Appellant had not proved that he was entitled to any general damages for wrongful dismissal because it was not wrongful termination which had caused the Plaintiff to be unemployable…
…We take it that there is no appeal against the finding that the Plaintiff/Appellant is not entitled to an award for general damages.…
Division and case type: CivilCivil Appeal
…The damages under the head of "loss of earning capacity" can be classified as general damages but these have also to be proved on a balance of probability.…
…The award of special damages will carry interest at court rate from 25th January, 1993 until date of payment and that of general damages will carry interest at court rates from 10th July, 1996 until date of payment in full…
Division and case type: CivilCivil Appeal
…He assessed either shs 40 nominal damages or (shs 1,500) general damages. He did so, not being sure that Gibbons v Westminster Bank [1939] 2 K.B. 882 would be followed in Kenya.…
…One would have thought that the result would have been that the plaintiff, a trader, would have received general damages. Not so, he received nominal damages because the had proved no actual damage.…
Division and case type: CivilCivil Appeal
…appeal is allowed only to the extent that the award of shs.80,000/= made under the Law Reform Act is set aside and there will be judgment for the respondent against the appellant in the sum of shs.460,500/= as follows: General…
…Damages - shs.432,000/= Special Damages - Shs. 28,500/= ------------- Total Shs.460,500/= ------------- The sum of shs.28,500/= will carry interest at 12% per annum from 15th September, 1989 until the date of payment and…
Division and case type: CivilCivil Appeal
…Her judgment was against the defendants jointly and severally in the sum of Shs 67,802/- as claimed together with Shs 9,477/- as general damages plus interest and costs.…
…The amount of general damages in the sum of Shs 9,477/- as was done by the learned Senior Resident Magistrate being the discount they would have earned had they paid the plaintiff within time, is proper and quite reasonable…
Division and case type: CivilCivil Appeal
…The superior court had before it the task of assessing general damages under the two aforesaid Acts, and special damages. We will first deal with the claim under The Fatal Accidents Acts.…
Division and case type: CivilCivil Appeal
…decree of the High Court of Kenya at Nairobi (Mr Justice William Mbaya) dated 17th October, 1985 in HCC No 2153 of 1979) ***************************** JUDGMENT This appeal arises from the dismissal of a claim for inter alia general…
…damages prayed for in respect of sustained injury to the appellant’s (plaintiff’s) character, reputation and business credit, and the exposure to the suspicion, ridicule, contempt and disesteem of right thinking members…
Division and case type: CivilCivil Appeal
…THAT the defendant is hereby ordered to pay to the plaintiff general damages for Kshs. 250,000/- for inconvenience for refusal to discharge the property in question. 2.…
Division and case type: CivilCivil Appeal
…Kshs 2,000 general damages 3.…
…The Senior Resident Magistrate gave judgment for the respondent the same day ie January 25, 1979 ordering eviction of the appellants and general damages of Kshs 2,000 holding that the appellants had trespassed on the respondent's…
Division and case type: CivilCivil Appeal
…We allow the appeal on this point, set aside the Shs.200,000/- and substitute therefor the sum of Shs.500,000/- as general damages for pain suffering and loss of amenities.…
Division and case type: CivilCivil Appeal
…On 14th August, 1991 an interlocutory judgment was entered in that case for the respondent and on 17th January, 1992 damages were assessed as follows:- (a) General damages for pain, suffering and loss of amenities: Kshs 600,000…
Division and case type: CivilCivil Appeal
…Nduhiu asked the High Court for orders that Mwotia should vacate Ruguru Kiamariga 328 in Ruguru location, Nyeri, pay him general damages for fifteen years unlawful occupation of it and the costs of the suit.…
Division and case type: CivilCivil Appeal
…And so, the respondent sued the appellant seeking general and special damages for the loss of the use of his pick up. The plaint was filed on 12th April, 1990.…
…Having thus as it were, justified what he intended to do, the learned judge in a long winded and verbose judgment concluded by awarding the respondent general damages in the sum of 2,000,000/-, a sum far in excess of the…
Division and case type: CivilCivil Appeal
…The plaintiff also claimed general damages suffered by it in its standing as a Road Contractor of repute with the Insurance Company which issued the Performance Bond, and other Insurance Companies, which had been adversely…
Division and case type: CivilCivil Appeal
…Following the refusal by the appellants to sign the agreement for sale, the respondent filed a suit in the superior court against the appellants seeking, among other reliefs, specific performance of the sale agreement and general…
…damages for breach of contract in lieu of specific performance.…