Case law
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Division and case type: Milimani Commercial CourtsCivil Case
…The question of general damages is to be tried on vivo voce evidence at a date to be taken at the registry. Dated at Nairobi this 1st day of July 1996. A.G. RINGERA JUDGE…
Division and case type: CivilCivil Case
…damages for loss of amenities, pain and suffering.…
…Doing the best as I can, after taking into account all the various authorities cited as well as all the circumstances of the case, I would say that a reasonable, and fair award for general damages for loss of amenities, pain…
Division and case type: CivilCivil Case
……PLAINTIFF VERSUS MICHAEL WARUI GITHINJI ………………………………DEFENDANT J U D G M E N T Florence Wambui Mwangi brought this suit in her capacity as the Administratrix of the Estate of her late sister Jane Nyambura Mwangi seeking general…
…and special damages under the Fatal Accidents Act and the Law Reform Act against Michael Warui Githinji and James Macharia (hereinafter referred to as 1st & 2nd Defendants) respectively.…
Division and case type: CivilCivil Case
…He claims general damages for this loss of time, For his time and effort spent on the re-negotiation of the loan facility with the lender, arising from the non-utilization of the offered loan facility within the specified…
…time limit, the court assesses general damages at a sum of Kshs.35,000/=.…
Division and case type: CivilCivil Case
…He instituted the suit for general damages for that alleged dismissal in addition to other reliefs which are listed in the plaint.…
…So much so that even if the defendant had failed to file its defence after being served with summons, it would be necessary for a formal proof of the claim for general damages to be done before a final decree could be entered…
Division and case type: CivilCivil Case
…damages for false imprisonment and malicious prosecution as a result of an incident that occurred in August 1979 and which culminated in the arrest and subsequent prosecution of the plaintiff in Kitale Resident Magistrate…
…Accordingly the plaintiff claims special damages of Kshs 24,500 particulars of which are given in the plaint, and general damages the quantum of which is to be assessed by this court.…
Division and case type: CivilCivil Case
…They also claim general damages for assault and costs of this suit. There claims are joint and several against the three defendants. The defence is two-fold.…
…Finally, this witness told the court that with regard to the deceased Abdi he arranged for a suit to be filed in the name of his widow (HCCC 327/ 78) and that the case was settled and the Attorney General paid damages to…
Division and case type: CivilCivil Case
…That now leaves me with the question of general damages and costs.…
…So the plaintiff prays for judgment for that sum as general damages.…
Division and case type: CivilCivil Case
…the plaintiff's side would be happy with one hundred per centliability to be borne by the defendants otherwise it could fairly be apportioned at ninety five per cent for the defendants and five per cent to the plaintiff General…
…damages were put atShs.800,000/= citing the cases of; NGWE MWALILI VS KELI HCCC 3217/89 MISHACK OLANG VS GOW1 HCCC 2371/90 & PATRICK KANGUNDU VS.…
Division and case type: CivilCivil Case
…Court awarded shs 120,000/= general damages in July 1989.…
…General damages for fractureof the right femur and residual incapacity………………………………………………..shs 150,000= 2. General damages for extensive scarring ............………………………………………………..….shs 100,000= 3.…
Division and case type: CivilCivil Case
…There is a further claim of general damages. Plaintiff’s evidence disclosed that by an agreement dated 20.11.85 (Ex1) defendant agreed to sell motor vehicle Reg No KWJ III to plaintiff at a price of Shs 220,000.…
…I could not have held defendant liable to pay general damages with regard to the interest charged on the loan obtained by plaintiff from KFC.…
Division and case type: CivilCivil Case
…I, therefore, enter Judgment for the Plaintiff as follows: (a) General Damages - Kshs. 1,000,000/= (b) Special Damages - Kshs. 35,984/= TOTAL - Kshs. 1, 035,984/= The Plaintiff will also have the costs of the suit, and interest…
Division and case type: CivilCivil Case
…The Plaintiff claims damages, both general and special for herself under the Fatal Accidents Act and the Law Reform Act, though this is not stated anywhere in the plaint.…
…General Damages for loss of dependency ………………. Shs.120,000.00 2. General Damages for loss of expectation Of life ………… Shs. 75,000.00 3.…
Division and case type: Milimani Commercial CourtsCivil Case
…1568 OF 1982 DR SAMUEL MMBBURU………………………………………………..PLAINTIFF AND NDERITU NJUGUNA & 3 OTHERS……………………………………DEFENDANT JUDGMENT The plaintiff Dr Samuel Mburu (P W 1) brings this suit against the defendants seeking special and general…
…damages arising out of a fatal traffic accident which occurred on the 1st June 1981.…
Division and case type: CivilCivil Case
…LAW REFORM ACT, Cap. 26 LAWS OF KENYA (i) General damages for loses of expectation of life - Kshs. 28,000.00 (ii) Special damages - K.shs 20,648.00 B.…
…FATAL ACCIDENTS ACT, CAP. 32, LAWS OF KENYA General damages for loss of dependency - Kshs. 1,044,800/-.…
Division and case type: CivilCivil Case
…(c) an order that the plaintiffs be restored to the possession of L.R. no 209/8258 forthwith (d) general damages (e) costs of the suit.…
Division and case type: CivilCivil Case
…For those injuries I would have awarded the plaintiff Ksh 15,000/= general damages for pain and suffering. The result is that both the plaintiff’s claim and the defendant’s counter claim are dismissed with costs.…
Division and case type: CivilCivil Case
…In the plaint she prays for an injunction, an order that the 2nd (plaintiff / defendant (respondent ) all house goods seized, and general damages for trespass and unlawful detention of the goods.…
Division and case type: Milimani Commercial CourtsCivil Case
…For these losses, “… the Plaintiff claims special and general damages against the 1st Defendant”.…
Division and case type: CivilCivil Case
…The application by the defendants arise in this way: On the 9th December, 1985 the respondent Harun Miruka (the plaintiff) instituted the suit against the defendants claiming general damages arising out of a traffic accident…