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…Consequently, the doctor proceeded to assess permanent disability at 70%. I have considered the proposal by the Plaintiff for an award of Kshs. 2,500,000/-, under this heading.…

…In Shiro v Mini Bakeries (NBI) Limited [2024] KEHC 16642 (KLR), the court awarded general damages in the sum of Kshs. 1,300,000/ under this head, at the instance of fracture and soft tissue injuries with permanent disability…

…The doctor says there is no long term or permanent disability as a result of this accident. In the circumstances, what reasonable damages can the plaintiff be awarded?…

…She is bedridden, vii. 100% permanent disability. The plaintiff was awarded KShs 8,000,000/= general damages for pain, suffering and loss of amenities by the High Court.…

…Permanent disability in the case was given as 100%. The Court of Appeal reduced the award on general damages from Ksh.4 million to Ksh.3.5 million. ii.…

…That the medical report indicated that the Plaintiff had permanent disability/incapacity at 35%, and that an award of Kshs. 7,000,000 as general damages for pain and suffering is sufficient.…

…That the medical report indicated that the Plaintiff had permanent disability/incapacity at 35%, and that an award of Kshs. 7,000,000 as general damages for pain and suffering is sufficient. 31.…

…effectually and completely to adjudicate upon and settle all questions involved in the suit, be added. (3) No person shall be added as a Plaintiff suing without a next friend or as the next friend of a Plaintiff under any disability…

…The grounds in Sub Article (4) include race, sex, pregnancy, marital status, health status, ethnic or social original, colour, age, disability, region, conscience, belief, culture, dress, language or birth.…

…Part III of the Act provides for instances where extension of the limitation period may be allowed i.e - Disability - Acknowledgement and part payment. - Fraud - Mistake - Ignorance of material facts. 21.…

…evidence was imsy, and burden of proof was shifted and the defence rejected, there was no evidence that PW3 entered the premises with a motorcycle, the electronic evidence was not properly produced, the appellant had a disability…

…any misrepresentation, fraud, breach of trust, wilful default or undue influence on which the party pleading relies; and (b)where a party pleading alleges any condition of the mind of any person, whether any disorder or disability…

…(at part 3 – 138): “Time does not begin to run unless: (i) the parties, who are capable of suing and being sued, are in existence; (ii) the person to whom a right of action accrues is not under a disability; and (iii) the…

…He stated that John Ouma had a condition called schizophrenia (moderate intellectual disability) and that as at the time of examination, he was not in a position to follow court proceedings.…

…They contend no leave to file out of time was sought, and no statutory exception (fraud, mistake, or disability) under Sections 26–28 of the Limitation of Actions Act was demonstrated.…

…He asserts that he had taken out an insurance policy with UAP Life Insurance Company Limited to cover such eventualities specifically, cases involving total permanent disability which policy stipulated that, in such circumstances…

…any misrepresentation, fraud, breach of trust, wilful default, or undue influence on which the party pleading relies; and b) where a party pleading alleges any condition of the mind of any person, whether any disorder or disability…

…At paragraph 14 the plaintiff pleads the particulars of damage, injury and disability, namely: (i) severe bleeding and pain due to intra-arterial injection; (ii) amputation of the right forearm resulting from gangrene and…

…The ability of the former chairman to buy the suit land on behalf of the 1st Defendant and his disability to sell it was questioned as were specific clauses in the Memorandum and articles of association providing for the…

…The ability of the former chairman to buy the suit land on behalf of the 1st Defendant and his disability to sell it was questioned as were specific clauses in the Memorandum and articles of association providing for the…

…The ability of the former chairman to buy the suit land on behalf of the 1st Defendant and his disability to sell it was questioned as were specific clauses in the Memorandum and articles of association providing for the…

…the first title cannot be challenged, the second one can be challenged because whereas it exists and even if procedurally issued, or so it appears, it is not absolute nor indefeasible and is relegated to a level of legal disability…