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…Quantum of Damages 22. The Plaintiff in support of the quantum for damages produced the Exhibits marked as PExt.1 to PExt.9 except PExt.2 the Police Abstract that was produced by PW3. 23.…

…The Plaintiffs’ counsel submitted on quantum of damages as follows: (i) Dependency Ratio 25. The deceased was a married woman thus 2/3 is the accepted ratio.…

…Written Submissions I have noted that the Plaintiff had filed written submissions on liability and quantum of damages. At the close of her case, she did not indicate whether she was relying on those submissions or not.…

…In my view, the issues presenting for determination are liability against the 2 nd Defendant and quantum of damages payable by all the defendants to the Plaintiff.…

…Geothermal Spa, owed a duty of care to the deceased on 29th September 2018. 2) Who is to blame for the accident. 3) Whether the Plaintiffs have proved their claim for special damages and loss of dependency, and the appropriate quantum…

…of damages. 4) Whether the Plaintiffs are entitled to the reliefs sought. 1) Whether the Defendant, as occupier of the Olkaria Geothermal Spa, owed a duty of care to the deceased on 29th September 2018. 12.…

…He cannot keep taking the Plaintiff/Respondent and this court round in circles merely because he is apprehensive that the quantum of damages awarded will be high.…

…(iv) THAT the hearing of this suit shall be limited solely to the purpose of establishing the quantum of damages payable by the defendant.…

…(b) THAT the hearing of the portions of the suit where judgment on admission has been entered, shall be limited solely to the purpose of establishing the quantum of damages payable to the defendant.…

…Regarding the quantum of damages, the Court has discretion to assess an award that reflects the magnitude of the intrusion and the size of the affected property.…

…delay. f) The Plaintiff has a strong case on the merits which has even been admitted by the Defendant. g) The defence does not stand to suffer any undue loss as they have admitted the Plaintiff''s case save for the question of…

…the quantum of damages payable and he has also filed a counterclaim in this same suit which means that the matter is still to be in Court until the counterclaim is determined. h) It is in the broader interest of justice…

…I return to the aspect of the quantum of damages.…

…These are decisions of a court in a neighbouring country (Quantum of Damages for Personal Injuries by Michael Wilkinson, 1973, 3rd edition, pages 49 to 54) and of about a decade or more ago.…

…With regard to the issue of quantum of damages, several authorities were cited by the parties.…

…It is important to consider the unique circumstances of the Plaintiff in determining the quantum of damages awardable to the Plaintiff.…

…Where no evidence has been led as to quantum of damages the court has discretion to award a nominal sum of damages and in this case, where photographic evidence showed heavy machinery that the defendants deployed on land…

…At this interlocutory stage, the Court is not determining whether the Defendant is liable in defamation or the quantum of damages, if any. Those are matters reserved for trial.…

…In Kenya Power & Lighting Company Ltd v Ringera & 2 others [2022] KECA 104 (KLR), the Court of Appeal distilled the principles applicable to assessment of quantum of damages for trespass as follows: i) Harlsburys Laws of…

…(d) In that case, there was a triable issue on contributory negligence which would affect the quantum of damages.…

…Furthermore, the Defendant disputes the quantum of damages claimed, particularly by the 2nd and 3rd Plaintiffs due to lack of specific proof, and by the 1st Plaintiff for amounts exceeding the insurer's actual payout under…

…He relied on the case of Ronald Nguru Gathara & 2 others v Cliff Mbala [2015] KEHC 6519 (KLR) to support his argument on the quantum of damages.…

…No evidence was availed for assessment of the exact quantum of damages hence, the plaintiff is entitled to a minimum amount in general damages against the 1st defendant only as I subscribe to the Court of Appel decision in…

…respect of the first issue, that the plaintiffs have failed to prove that the article in question was defamatory of them, it follows that they are not entitled to the reliefs sought. [76] The next question to pose is what quantum…

…of damages would the Court have awarded had the plaintiffs’ suit succeeded.…