Search court decisions

…Misconstruing, misinterpreting and misapplying the law and principles on awarding general damages for breach of contract; ii. Failing to award general damages for breach of contract of carriage; iii.…

…The breach of contract claimed by the appellant is one of failing to fulfil a promise.…

…It was submitted that general damages are not recoverable in cases of alleged breach of contract.…

…of contract. 13.…

…They sought general damages, for negligence and breach of contract, and special damages, which naturally flowed from that breach of contract, being the Kshs. 2,223,935.00, that they had paid to the third-party claimants,…

…It appears to be founded on both negligence and breach of contract. Negligence is a tort, governed by the law of torts, while breach of contract falls under the law of contracts.…

…of contract, plus costs and interest.…

…Issue 4: The Award of General Damages for Breach of Contract 30.…

…of contract.…

…of contract.…

…of the breach of contract. 4.…

…Award of Kshs.100,000/= for general damages for breach of contract 32.…

…That the learned adjudicator erred in law and fact in failing to award damages for breach of contract; e.…

…Whether damages for breach of contract were payable [24] The law is settled that general damages are ordinarily not awardable for breach of contract except in exceptional circumstances recognized by law.…

…The learned Adjudicator heard the matter and found that damages for breach of contract must be specifically pleaded and proved.…

…of contract occasioned by the Respondent. b.…

…The learned Adjudicator heard the matter and found that damages for breach of contract must be specifically pleaded and proved.…

…of contract occasioned by the Respondent. b.…

…Furthermore, this court was able to peruse a copy of the judgment that was the subject of the appeal Damages for Breach of Contract The Appellants claimed general damages for breach of contract thus raising the question whether…

…Anson’s Law of Contract, 28th Edition at pg. 589 and 590 explains that a claimant who suffers loss as a result of breach of contract is entitled to nominal damages as follows:- “ Every breach of a contract entitles the injured…

…In that case Ifound that there can be no award on general damages for a claim of breach of contract.…

…of the contract.…

…The Respondent accused the Appellant of having breached the contract of 17 th October 2023 and seeks damages for said breach. 26.…

…Thus he was in breach of said contract. No provision was made in the contract for situations where there were no tenants.…

…of contract, that the court could not award damages at large or general damages for breach of contract and that no case was made out for punitive damages.…

…The court having established that the present case is premised on breach of contract, it was incumbent on the Respondent to specifically prove by way of evidence that there was breach of contract and that it was entitled…

…The Appellant therefore prayed for damages for breach of contract, costs of the suit and interest on the damages for breach.…

…(c) .THAT the court do assess and award the Appellant damages for the breach of contract as prayed. (d) .…

…Whether the appellant was entitled to damages for breach of contract The Appellant in outlining his claim for breach of contract claimed that it was a term in the contract that the Respondent was to within the 5 year period…

…He also claimed that in breach of the contract, the defendant failed to harvest the cane when it was ready to harvest consequences whereof he lost the cane dried up and was abandoned.…

…of contract and loss of income and earning capacity 2.…

…of contract. 3.…

…are not awardable for breach of contract. 10.…

…breach of contract and that damages for breach of contract are compensation to the aggrieved party and a restitution of what he has lost by the breach.…

…The Court delivered judgment on 26 June 2025 in which it found in the affirmative on several issues including the existence of a contract and breach thereof, but held that general damages are not awardable for breach of contract…

…According to the Applicant, the appellate court only considered issues relating to the extension of the contract, breach of contract, whether a statutory contract could be extended orally; and whether general damages were…

…They particularised the breach of contract and pleaded that the plaintiff’s breach was by failing to pay rent of Kshs. 123,000/. which they claim. 5.…

…That the Appellant proved loss due to the Respondent action and the trial magistrate erred in wrongly applying the principles of breach of contract thus denying Appellant damages. 23.…