Case law
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Division and case type: CivilCivil Case
…The defendants admitted liability and hence the only issue before the court is quantum of general damages since special damages have also been agreed at Kshs 8,650.…
…I agree with Mr Mwaura for the plaintiff and Mr Muchui for the defendants that damages in this case should be under the following heads: (1) General damages for pain, suffering and loss of amenities of life. (2) General damages…
Division and case type: CivilCivil Case
…It was agreed between the learned counsel for the parties that the issue No 2 in the draft issues annexed to the summons for direction be argued first in order that the claim for general damages in the plaint could be determined…
Division and case type: CivilCivil Case
…General damages for pain suffering and loss of amenities were assessed at kshs. 440,000/- on 26th April, 1993. The second is HCCCNO. 528 of 1991 MOMBASA SEVILE MWANYALO MZEE -vABEID MOHAMED KHARIER & ANOTHER.…
…General damages for pain suffering and loss of amenities were assessed to Kshs. 320,000/- on 15th November, 1994.…
Division and case type: CivilCivil Case
…In summary General damages Pain, Suffering and Loss of Amenities Ksh.200,000/- Future Medical treatment Kshs.450,000 Total Kshs.650,000/- I hereby enter judgment of the plaintiff for General Damages at 100% liability at Kshs…
Division and case type: CivilCivil Case
…In Nbi HCCC No 770 of 1984 Appollo Mariika v Kenya Railways Corporation an award of Kshs 380, 000/= was made in terms of general damages for pain and suffering and loss of amenities to the plaintiff whose leg was amputated…
…I have taken all that into account and in my judgment I make an award of Kshs 450,000/= general damages for pain suffering and loss of amenities.…
Division and case type: CivilCivil Case
…I award in summary General Damages i) Pain, Suffering & Loss of Amenities Ksh.100,000/- ii) Loss of dependency Ksh.140,000 (apportioned as above) iii) Special Damages Ksh. 6,800/- Total Ksh.246,800/- 85% of 246,800 Ksh.204,000…
…Net Ksh.204,000/- Special damages Net Ksh. 5,780/- Net Total Ksh.209,780/- I award the cost of this suit and interest on General Damages from the date of this judgment.…
Division and case type: CivilCivil Case
…The plaintiff is entitled to Pain, Suffering and loss of amenities under the head of General Damages of Ksh.150,000/- as reasonable. The case of Charles Sunguti v.…
…That General damages for Pain, Suffering and Loss of Amenities as assessed at Ksh.150,000/-. I make no award for Special Damages as no proof to this has been given.…
Division and case type: CivilCivil Case
…, general and exemplary.…
…Taking all the circumstance into account, I consider Kshs 40,000/= as reasonable compensation by way of general damages. Then there is the question of exemplary damages. These are damages awarded punitively.…
Division and case type: CivilCivil Case
…What the defendants really are disputing is the claim for general damages and exemplary damages.…
…The plaintiff in her pleading prayed for general damages. It is in the course of the hearing that the question of exemplary damages arose.…
Division and case type: Milimani Commercial CourtsCivil Case
…For these torts he claimed both special and general damages. In paragraph 3 of the defence the first defendant admitted that the second defendant was the agent of the first defendant but denied the alleged torts.…
…Consequently there can be no separate award of damages to the plaintiff under paragraph 7, 8 and 9, and no award of general damages for defamation.…
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: 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
…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
…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
…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
…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: 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.…