Case law
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Division and case type: CivilCivil Case
…precious and semiprecious stones operating from Nairobi and has brought this suit against the defendant, Stephen Njoroge Wambari, a farmer who farms in the Trans Nzoia District of Kenya to recover both special and general damages…
…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
…Secondly, an interlocutory injunction will not normally be granted unless the applicant might otherwise suffer irreparable injury, which would not adequately be compensated by an award of damages.…
…Even if I was wrong in forming this view, I do not see that Hilton Hotel would be unable to meet any award of damages which may ultimately be made against it.…
Division and case type: Milimani Commercial CourtsCivil Case
…struck out on December 13, 1985 on the ground that it did not disclose any reasonable defence, was frivolous, vexatious and an abuse of the process of court and in the event this matter came before me for assessment of damages…
…case of New Munyu Sisal Estates Ltd v Attorney General (1972) EA 88, the court when dealing with the question of full compensation in a compulsory acquisition case held that if the land was not lawfully taken over, the damages…
Division and case type: CivilCivil Case
…The measure of damages suggested by Mr. Ransley, is, in my opinion, not the correct measure of damages in this case.…
…It is reminiscent of the normal measure of damages in contract which damages are intended to put plaintiff in the same position he would have been if the contract was in fact performed.…
Division and case type: CivilCivil Case
…He is therefore entitled to damages from the defendants.…
…I have not been able to come across recent authorities regarding the quantum of damages to be awarded in a case of this nature.…
Division and case type: CivilCivil Case
…It was averred n behalf of the defendant that the claim for damages lay against Amrik Singh and not against the defendant.…
…Finally I must decide what damages I would have awarded to the plaintiff if he had been successful.…
Division and case type: CivilCivil Case
…In the alternative, the plaintiffs sought damages for their unlawful expulsion.…
…that if the plaintiffs have shown on a balance of probabilities that they have a prima facie case with a probability of success and that they will suffer irreparable injury that cannot be compensated for by the award of damages…
Division and case type: CivilCivil Case
…There is no doubt that in England one who is entitled on similar provisions of the statute to bring an action to recover, treble the damages where rescue has been effected, as in this case.…
…that upon any pound-breach or rescous of goods or chattels detrained for rent, the person or persons grieved thereby shall, in a special action upon the case for the wrong thereby sustained, recover his and their treble damages…
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
…defendants case was that the goods it was carrying belonged to known people who had hired the motor vehicle to transport the same from Nakuru District to NaAitr otbhie. trial of the suit a part from the issue of quantum of damages…
…That now leaves me with the question of general damages and costs.…
Division and case type: CivilCivil Case
…Daniel, the plaintiff seeks to recover both general and special damages from James Matunda Saisi and M/S Kenya Breweries Ltd, the defendants, for a damage to her motor vehicle and for a loss of its use while it was undergoing…
…The 2nd defendant is therefore both liable and vicarious liable to the plaintiff in damages arising from the damage to her motor vehicle.…
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
…court was made on 1.12.89, that the decision of the Court of Appeal in the case of Hintz v Mwakima, (1982-88) 1 KAR 482, had held that a personal representative as opposed to a legal representative, could sue in Kenya for damages…
Division and case type: CivilCivil Case
…DEFENDANT J U D G M E N T The Plaintiff, Jane Wanja Mwangi, filed this suit against the Defendant, Nairobi City Commission praying for Judgment for " (a) Damages for wrongful dismissal, defamation and other benefits (b) Costs…
…of the suit (c) Interest on damages and Costs of the suit."…
Division and case type: CivilCivil Case
…Court awarded shs 120,000/= general damages in July 1989.…
…I would assess general damages at shs 100,000/=. No evidence was led to prove the special damages claimed. But there is no doubt that the plaintiff was examined twice by Mr Rasik Patel who prepared to medical report.…
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…
…The application by the plaintiff for an interlocutory judgment must have been made under order 9A rule 6 of the Civil Procedure Rules which allows for the entry of an interlocutory judgment with a subsequent assessment of damages…
Division and case type: Milimani Commercial CourtsCivil Case
…The plaintiff was required to establish a prima facie care with a probability of success, that damages would not be adequate compensation in the event the order was not granted and that if the court is in any doubt the matter…
Division and case type: CIVIL DIVISIONCivil Case
…Secondly, it should be shown that the applicant is likely to suffer an injury which cannot be adequately compensated by damages if the injunction is not granted.…
Division and case type: CivilCivil Case
…And so, a party is bound to show what such loss is and why an award of damages will not be sufficient compensation.…
Division and case type: CivilCivil Case
…In the plaint the plaintiff claims damages for breach of contract by the defendant.…