Search court decisions

…RESPONDENT JUDGMENT This is one of the few cases where a land owner disputes compensation paid to him in respect of compulsory acquisition of part of his land.…

…Paragraph 1(c) of the section provides for prompt payment of full compensation for the property so acquired.…

…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.…

…The respondent accordingly put in a claim for compensation for the loss of his suitcase and its contents which he valued at a total sum of shs 126,260.…

…The court therefore held that the appellant was liable to compensate the respondent for the actual loss of his suitcase and its contents: he assessed the compensation in the sum of shs 36,000.…

…Not surprisingly therefore, no provision was contained in the agreement for the payment of interest on the compensation that fell to be paid or otherwise, where the appellant was in breach of the agreement.…

…And so, apart from the fact that a breach of the agreement by the appellant would not make him liable in addition to the agreed compensation payable by him under the agreement, to pay any interest on the amount of rental…

…In this case, such repairs as there were had been done by the tenant and the only compensation that the landlord could receive would be mesne profits for any period that the tenant could be shown to have held over. 3.…

…So the only compensation that the landlord could receive would be mesne profits for any period the tenant could be shown to have held over. That was shown to be a period of one month - that is up to April 30, 1983.…

…Mwotia built 5 houses and planted 1,300 coffee trees and 6,000 cash crop plants on the half he occupied for those 15 years and compensation for those should be his if he had to quit that half and the amount should be based…

…At once the question arises as to whether judgment in default was to be for the order or the compensation?…

…although not vitiated by any irregularity in publishing or conducting it, does not preclude anyone who sustains an injury, by reason of that irregularity at the hand of any other person, instituting a suit against him for compensation…

…, or (if such person is the purchaser) for recovery of the property and for compensation in default of its recovery.…

…Mr Oduk, also submitted that the appellant was entitled to compensation for the two ratoon crops as the respondent had already breached the agreement by the time the arson took place. 4.…

…damages are appropriate in two classes of case: oppressive, arbitrary and unconstitutional action by the servants of Government, and conduct by a defendant calculated to make a prot for himself which may well exceed the compensation…

…that he failed to consider the appellant’s evidence that he contacted and consulted the Chambers of the Attorney-General in an attempt to reach a settlement out of court and that the two Respondents were considering some compensation…

…He has received workmen’s compensation, and an ex-gratia payments from the State. They are both small sums compared with the present level of damages for total blindness.…

…All that judges and courts can do is to award sums which must be regarded as giving reasonable compensation. In the process there must be the endeavour to secure some uniformity in the general method of approach.…

…She is only entitled to what is in the circumstances, a fair compensation, fair both to her and to the defendants. The defendants are not wrongdoers. They are simply the people who foot the bill.…

…The reliefs sought were for an injunction to restrain the appellants and the County Council and their agents, from occupying the land; for damages; and for compensation for the loss of use by the respondent of her land.…

…The reliefs were for an injunction to restrain the appellants and curiously, also the County Council and their agents, from occupying the land; for damages; and for compensation for the loss of use by the respondent of her…

…He had also prayed, presumably in the alternative, for, inter alia, a declaration of entitlement to half the value of the suit premises and compensation for improvements.…

…Where a party has been deprived of land or movable property and receives a monetary award in compensation for the loss, the usual practice is to award interest from the date of such deprivation: (see Kimani v Attorney General…

…With regard to the compensation under the Fatal Accidents Act, the learned judge lamented the paucity of evidence on which he could comfortably base an award.…

…But he thought the respondents should not be denied compensation only on that ground and that it was his duty to do the best he could with the available material.…

…Visram, Koome & Otieno Odek JJA), delivered on 30th September, 2014 in Nyeri Civil Appeal No. 24 of 2014) Whether orders of stay of execution can be issued where failure to do so would render an appeal nugatory and where compensation…

…Procedure – execution – stay of execution – factors to consider - whether orders of stay of execution could be issued where failure to do so would lead to probability of the substratum of the appeal being spent and where compensation…

…At all events the Workmens Compensation Act report says it was 5 pm. In my view the balance of probabilities are tht the latter was the correct time. That point was not, however noticed by either counsel.…

…In the case of the sale of immovable property it is a great hardship to lose it, and damages are not usually a suitable compensation.…

…Damages not being a suitable means of compensation, then the first and third principles need to be considered.…

…Kneller JA took the same view in Hassan’s case when he said ( at 949): “the sum to be awarded is never a conventional one but compensation for a pecuniary loss.” I think this had to be right.…