Search court decisions

…The prayer for inhibition is spent, as the prayers for ejection, damages and costs are all abandoned at the hearing.…

…DEFENDANTS JUDGMENT By this action the plaintiff seeks to recover from the defendants damages for the personal injuries which he suffered when the upper wall of the pit in which he was working in the course of his employment…

…Issue of the quantum of damages: The plaintiff was aged 28 years at the time of the injury. He was a robust man and that is the reason why he was selected for this particularly hazardous work.…

…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.…

…It is well known that there is a serious shortage of houses in Nairobi and damages in that case may not be the appropriate remedy. The new tenant has not applied to be joined as a co-defendant to protect her interest.…

…DEFENDANT JUDGMENT This is a suit for damages, special and general, costs and interest. The plaintiff is Bachitter Singh Chase. The defendant is Barclays Bank Limited, his former employers.…

…Consequently, he argued, his dismissal was wrongful as entitles him to damages. He does not think the allegations which the defendant relied upon to dismiss him had any basis.…

…On the other hand, if the plaintiff is eventually able to establish his case against the second defendant or any other defendant, his remedy will be in damages.…

…The plaintiff can therefore adequately be compensated by an award of damages.…

…Counsel further submitted that the Petitioner had admitted that it is not in possession of the suit properties, thus there is no irreparable harm to be suered that cannot be compensated by way of damages (Christopher Chepkiyeng…

…Kogo Vs Frank Kimeli Tenai (2018) eKLR provides an explanation for what is meant by irreparable injury and it states that: “Irreparable injury means that the injury must be one that cannot be adequately compensated for in damages…

…orders the 1st defendant to refund to the plaintiff Kshs.50,000/= with interest at Commercial rate of 20% per annum from 30th April, 1982 till payment in full; ii) the 1st defendant be ordered to pay general and special damages…

…He must also show that he would suffer an irreparable injury which would not be adequately compensated by way of damages if the injunction is not granted.…

…In his plaint, the plaintiff prays for judgment against the defendant for interalia (a) specific performance of the said agreement and (b) damages in addition to or in lieu of specific performance.…

…abandoned prayer (a) of the plaint for specific performance and by this notice of motion which he has filed under order XII rule 6 of the Civil Procedure Rules he is praying for interlocutory judgment in his favour for damages…

…the seven girls resume classes and continue with their education at the Consolata Secondary School, Meru; an injunction restraining the defendants from interfering with the plaintiffs’ rights to attend the school; various damages…

…And the Court must extract some undertaking as to damages, from the applicant, as the price he must pay before a temporary injunction is granted.…

…By the plaint dated 25th June 1990 the applicant was sued by the respondent for damages for personal injuries which the respondent alleged to have sustained when the employees of the Council “brutally assaulted the plaintiff…

…Kiania Njau, his client, one Bernard Kairu, filed a suit against Patrick Nyuttu and another claiming damages for negligence. This was HCCC No 1198/84.…

…A NO. 369 OF 2001 NAIROBI at page 4 where Kwach, Omolo and Bosire JJA ruled: “If the High Court proceeds to assess damages in this particular matter, that alone would not render the success of this appeal nugatory.…

…A NO. 369 OF 2001 NAIROBI at page 4 where Kwach, Omolo and Bosire JJA ruled: “If the High Court proceeds to assess damages in this particular matter, that alone would not render the success of this appeal nugatory.…

…MINGIRE……………………PLAINTIFF VERSUS ATTORNEY GENERAL……………………………DEFENDANT JUDGMENT The plaintiff, Moses Waithanji Mingire, a retired police officer, and presently a farmer and businessman, brought action by plaint, claiming damages…

…Civil Appeal No. 65 of 1982 un-reported); that it is usual in the case of contracts for sale of immovable property for the court to hold that damages is not an adequate remedy and to order specific performance.…

…The applicant is also hereby ordered to give an undertaking in writing for damages to the respondent within 14 days hereof. The costs of the application shall be in the cause. Order accordingly.…

…The applicant is also hereby ordered to give an undertaking in writing for damages to the respondent within 14 days hereof. The costs of the application shall be in the cause. Order accordingly.…

…Public Trustee told Munini and Musangi he would include Nzambi as a third wife when he came to distribute the assets they briefed Mr Mututo to file and serve this claim against Nzambi for three declarations, an account, damages…