Search court decisions

…While the assessment of damages is largely discretionary, the exercise of that discretion is governed by well-defined legal principles. 27.…

…These complaints, when properly interrogated, raise the question whether the correct legal principles governing assessment of damages were applied.…

…The Appellants contend that they were not properly served with court process and that the trial court misdirected itself by applying the wrong legal principles and failing to exercise its discretion judiciously. 5.…

…The appeal turns on the following issues: a) Whether the Appellants were properly served with the statement of claim and court process; b) Whether the Learned Adjudicator applied the correct legal principles in declining…

…THAT the Learned Magistrate failed to adequately consider the legal principles thereof and the submissions of the Appellant’s Counsel and the supporting documents thereof.…

…That the learned Adjudicator misapplied legal principles and failed to be guided by precedents. That the court wrongly discredited documentary evidence without legal justification.…

…Nairobi & Another [2017] eKLR, in addressing a point of law and a point of fact, Justice Mativo stated thus: “In law, a question of law, also known as a point of law, is a question that must be answered by applying relevant legal…

…principles to interpretation of the law.…

…principles. 32.…

…The Appellants have not demonstrated that the learned trial magistrate misdirected herself on the evidence or applied wrong legal principles. 52.…

…As that, this will offend the legal principles of consolidation of suits; and also that the legal threshold under Order 2 Rule 15 has not been met. 3. The Application was canvassed through written submissions.…

…I have as later set out in this ruling, also considered the applicable legal principles, the relevant legal provisions, and the case law cited by the parties in their submissions. 13.…

…Nairobi & Another [2017] eKLR, in addressing a point of law and a point of fact, Justice Mativo stated thus: “In law, a question of law, also known as a point of law, is a question that must be answered by applying relevant legal…

…principles to interpretation of the law.…

…The learned magistrate erred in fact and law and misdirected herself in failing to consider, interpret and apply the legal principles for the grant of the orders of amendment of pleadings and as a result arrived at a wrong…

…The learned judge erred and misdirected herself on law by failing to uphold the doctrine of stare decisis in light of clearly established legal principles from the superior courts with respect to amendment of pleadings.…

…dependency, failed to apply the correct principles, and hence arrived at an erroneous estimate of damages c) The learned trial magistrate misapprehended the evidence and misapplied, misunderstood and or overlooked the correct legal…

…principles and judicial precedent and the submissions by parties that he made an award for loss of dependency that was erroneous and inordinately high. d) The learned trial magistrate erred in law and failed to apply the…

…THAT the Learned Magistrate erred in law and in fact by misapprehending the evidence and misapplying, misunderstanding and/or overlooking the correct legal principles and judicial precedent and the submissions by the Appellant…

…Whether the trial court failed to consider the correct legal principles and/or considered extraneous issues. iii. Whether the trial court erred in law and in fact in its assessing of damages for loss of dependency. iv.…

…The Appellant submits that the assessment of general damages is a discretionary exercise which must be conducted judicially, with due regard to legal principles.…

…A related issue is whether the trial court properly applied legal principles and precedent in assessing the quantum of damages, taking into account the nature and extent of the injuries, the evidence adduced by the parties…

…determination (1) Whether the Applicant has established a prima facie case. (2) Whether the Applicant will suffer irreparable harm (3) Where the balance of convenience lies. (4) (Giella v Cassman Brown [1973] EA 358) C. legal…

…Principles (1) Article 28 & 31 where every person has inherent dignity and right to privacy. (2)Article 33(3) where freedom of expression does not extend to defamation. (3) Defamation Act Cap 36, s3 –defines libel and slander…

…The Appellant contends that the awards were excessive, unsupported by the evidence, and made without proper regard to the applicable legal principles.…

…THAT the award on Loss of Dependency was based on no or wrong legal principles or a misdirection or misapplication of the law with resultant injustice. VIII.…

…Although that authority principally concerns damages rather than liability, it underscores the importance of adherence to established legal principles when determining claims arising from negligence. 14.…

…Upon reconsidering the evidence on record and the legal principles set out in the authorities cited by the parties, this court is not persuaded that the learned trial magistrate misdirected himself in determining liability…

…In light of the foregoing legal principles, it is evident that this Court’s jurisdiction in the present appeal is limited strictly to issues of law as raised in the Memorandum of Appeal.…

…(ii) Whether the Learned Adjudicator correctly applied the relevant legal principles in ordering the Appellant to reimburse the Respondent for the renovation     works carried out on the rental premises. (i).…

…In my view, this demonstrates a clear and judicious exercise of the trial court’s discretion and application of the correct legal principles. 12.…

…In the end, I find that the trial court had unchallenged evidence of a rib fracture, it properly directed itself on the applicable legal principles, assessed the award based on comparable authorities and the relevant facts…

…I have also perused through the grounds of appeal and to me the Appellant seems to be challenging the contract or rather the purported tenancy agreement particularly the legal principles that govern formation of contracts…

…Secondly, I will consider the appeal in terms of the contract or rather the purported tenancy agreement particularly the legal principles that govern formation of contracts.…

…Legal principles 5.1 Injunctions pending appeal: The principles governing grant of interlocutory injunctions (including injunctions pending appeal) are well settled and include the need to show a prima facie case with a probability…

…Application of legal principles to the facts 6.1.1 The central question in the intended appeal is whether the trial court erred in striking out the suit for want of jurisdiction where the Appellant herself pleaded that the…

…I have also perused through the grounds of appeal and to me the Appellant seems to be challenging the contract or rather the purported tenancy agreement particularly the legal principles that govern formation of contracts…

…Secondly, I will consider the appeal in terms of the contract or rather the purported tenancy agreement particularly the legal principles that govern formation of contracts.…