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…The learned trial magistrate erred in law and fact by failing to consider that compensatory damages are intended to indemnify the victim for the loss suffered and not to punish the tortfeasor. 3.…

…The Appellants further submitted that compensatory damages are intended to indemnify a victim for losses suffered rather than to punish the tortfeasor. 6.…

…The respondent sought the following orders: a declaration that the appellant trespassed, general damages, compensatory damages in the sum of Kshs 1,438,150/= and costs plus interest at court rate. 3.…

…The respondent urged the court to award general and compensatory damages of Kshs 1,438,150/=. The respondent urged the court to enter judgment in its favour as outlined in the plaint. 10.…

…, yet no evidence was adduced by the plaintiff to prove that the alleged parcel of land had remained fallow for the entire duration of the contract. g) The learned trial magistrate erred in law in awarding and assessing compensatory…

…damages, in the sum of Kshs. 857,850/= only in favour of the respondent, whereas the said damages had neither been pleaded nor proved, in accordance with the law. h) The learned trial magistrate erred in law and in fact…

…injuries should so far as possible be compensated by comparable awards, while recalling that no two cases are exactly alike; and (ix) That the learned Magistrate erred in law and fact in failing to consider that, in assessing compensatory…

…damages, the law seeks to indemnify the victim for the loss suffered and not to mulct the tortfeasor for the injury he has caused. 7.…

…(j) In law and fact in failing to consider and find that in assessing compensatory damages, the law seeks at most to indemnify the victim for the loss suffered and not to mulct the tortfeasor for the injury he has caused.…

…Compensatory damages are awarded to a wronged party in exercise of the court’s discretion.…

…This court also had due regard to the case of Lim vs Camden HA [1980] AC 174 where it was held that even in assessing compensatory damages, the law sought to indemnify the victim for the loss suffered and not to punish the…

…The learned trial magistrate erred in law in awarding and assessing compensatory damages in the sum of Kshs. 317,844/= only in favour of the Respondent, whereas the said damages had neither been pleaded nor proved, in accordance…

…This court also had due regard to the case of Lim vs Camden HA [1980] AC 174 where it was held that even in assessing compensatory damages, the law sought to indemnify the victim for the loss suffered and not to punish the…

…This court also had due regard to the case of Lim vs Camden HA [1980] AC 174 where it was held that even in assessing compensatory damages, the law sought to indemnify the victim for the loss suffered and not to punish the…

…THAT the Learned Trial Magistrate erred in law in awarding and assessing compensatory damages in the sum of Kshs. 599,640/= only in favour of the Respondent whereas the said damages had neither been pleaded nor proved in…

…He explains that non-pecuniary loss damages are generally understood as compensatory damages for non-financial detriments.…

…Non-pecuniary loss damages in the sense used here means what are generally referred to as compensatory damages for non-financial detriments ....” 14.…

…Compensatory damages are awarded to a wronged party in exercise of the court’s discretion.…

…The learned trial magistrate erred in law in awarding and assessing compensatory damages in the sum of Kshs. 317,844/= only in favour of the Respondent, whereas the said damages had neither been pleaded nor proved, in accordance…

…Nation Media Group Ltd v Nanjira [2024] KEHC 2576, Tipper v Rosborg [2024] KEHC 14010, and Ambe v Onyango [2024] KEHC 6138 , the magistrate held that a successful plaintiff in a defamation action is entitled to general compensatory…

…damages to vindicate his reputation and compensate for distress, hurt, and humiliation.…

…This court also had due regard to the case of Lim vs Camden HA [1980] AC 174 where it was held that even in assessing compensatory damages, the law sought to indemnify the victim for the loss suffered and not to punish the…

…This court also had due regard to the case of Lim vs Camden HA [1980] AC 174 where it was held that even in assessing compensatory damages, the law sought to indemnify the victim for the loss suffered and not to punish the…

…Compensatory damages are awarded to a wronged party in exercise of the court’s discretion.…

…The court outlined the principles to be relied upon in computing general (compensatory damages) as follows:- ……. “But money cannot renew a physical frame that has been battered and shattered.…

…This court also has due regard to the case of Lim Vs Camden HA (1980) AC 174 where it was held that even in assessing compensatory damages, the law sought to indemnify the victim for the loss suffered and not to punish the…