Case law
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Division and case type: CivilCivil Appeal
…- general damages - claim for damages under the Fatal Accidents Act (cap 32) - father claiming damages for the death of six year old child - whether father entitled to such damages in the absence of evidence of any pecuniary…
…Damages - assessment of damages - general damages under the Fatal Accidents Act (cap 32) - father claiming damages for the death of a six year old child - principles the Court of Appeal will apply in considering whether to…
Division and case type: CivilCivil Appeal
…for the injury to his right thumb at Shs 70,189.00, to include Shs 1,326.50 by way of special damages, but discounting Shs 1,137.25 paid under the Workman’s Compensation Act Cap 234.…
…The judge assessed damages at Kshs 70,189.25 for which sum he entered judgment for the plaintiff together with interest and costs of the suit.…
Division and case type: CivilCivil Appeal
…The award of damages is a matter within the discretion of the trial court.…
…It was thus relevant to the assessment of damages for the purpose not of minimizing the damages, as the learned judge held, but for enhancing them. 5.…
Division and case type: CivilCivil Appeal
…The applicant will give a written undertaking guaranteed by a bank or an insurance company in damages.…
…In the case of the sale of immovable property it is a great hardship to lose it, and damages are not usually a suitable compensation.…
Division and case type: CivilCivil Appeal
…The third, fourth and sixth grounds of appeal are that the plaintiff failed to prove the damages claimed by it; that it failed to mitigate the damage, and that interest on damages was wrongly awarded.…
…The plaintiff was therefore entitled to damages, basically for breach of contract, but also in sounding in detinue. But the measure of damages must be subject to some restraint.…
Division and case type: CivilCivil Appeal
…The third, fourth and sixth grounds of appeal are that the plaintiff failed to prove the damages claimed by it; that it failed to mitigate the damage, and that interest on damages was wrongly awarded.…
…The plaintiff was therefore entitled to damages, basically for breach of contract, but also in sounding in detinue. But the measure of damages must be subject to some restraint.…
Division and case type: CivilCivil Appeal
…Theplaintiffs still claimed general damages injunction and costs. But they did not claim any special damages. The defendant filed an elaborate amended defence to the amended plaint.…
…Dhanji took a preliminary point to the effect (as far as can be made out from the notes made by the learned judge) that there can be no claim for general damages for inducing a breach of contract and that special damages…
Division and case type: CivilCivil Appeal
….…..RESPONDENTS JUDGMENT This is an appeal from the award of damages made by the High Court in a personal injury suit.…
…If as seems clear he did, he must have awarded the appellant less damages than he would otherwise have felt disposed to award.…
Division and case type: CivilCivil Appeal
…Either interlocutory judgment has been entered and damages remain to be assessed, or there is an ex parte hearing of all the issues on liability and damages.…
…The appeal, concerns the assessment of general damages of Kshs 30,000; special damages of Kshs 1,010 not being disputed.…
Division and case type: CivilCivil Appeal
…Mr Justice Bhandari gave judgment and made these awards in the High Court at Mombasa on April 30, 1984: Kshs Net special damages 13,150 Loss of future earnings 63,000 General damages 250,000 Total 326,150 The appellant has…
…The only issue was the quantum of damages, special and general, the respondent should pay the appellant.…
Division and case type: CivilCivil Appeal
…The appellant appealed against the award of damages based on the memorandum of appeal dated 7th August 2018 on two grounds.…
…He submitted that in the event that the damages were awarded, this was a proper case for nominal damages. 5.…
Division and case type: CivilCivil Appeal
…In my own judgment, therefore, I would award him a sum of Shs 750,000/= as general damages for pain, suffering and loss or amenities, on top of which I would add Kshs 13,050/=, being special damages and enter judgment for…
…In plain language, the appellant is simply asking this Court to reduce the amount of damages awarded to the respondent by the trial judge because in the view of the appellant, those damages are so excessive that they amount…
Division and case type: CivilCivil Appeal
…NO. 114 OF 1992) ************************** JUDGEMENT OF THE COURT This is a second appeal from the decision of the Resident Magistrate’s Court in Nairobi by which the respondent was awarded Shs.85,000/- as general damages…
…In a claim by an employee against his employer for damages for wrongful dismissal, such damages are limited to the amount the employer would have been obliged to pay if he had brought the contract to an end in accordance…
Division and case type: CivilCivil Appeal
…The agreed general damages for pain and suffering and loss of amenities was £120,000.…
…The damages awarded under this head in the past judgements are between Shs. 300,000 and Shs. 600,000. The damages Cockar J. awarded under this head was in excess and outside the bracket of decisions of this court.…
Division and case type: CivilCivil Appeal
…There is a claim for special damages as well as general damages.…
…In these circumstances I would hold that the appellant has failed to prove anything in the nature of special damages. He is in judgment entitled to damages by way of general damages only.…
Division and case type: CivilCivil Appeal
…There is no appeal before us against liability as judgment on liability was entered by Consent and the suit proceeded only on assessment of damages.…
…Giving the best consideration to this aspect of the case, we thing that the figure of general damages for pain, suffering and loss of amenities should be reduced by one-half to shillings 600,000/=.…
Division and case type: CivilCivil Appeal
…The judge decided to proceed with the assessment of damages.…
…The judge did not accomplish the task he set out to do; he did not asses damages.…
Division and case type: CivilCivil Appeal
…and Kshs 73,000/- as general damages plus costs of the suit and interest.…
…He also argued that the damages awarded in the case were exorbitant.…
Division and case type: CivilCivil Appeal
…He also claims pain and suering and special damages for the medical bills he incurred of Kshs 82,905/=. He prays for the special damages, general damages and cost and interest of the suit. 4.…
…In his submissions, the Claimant prayed for general damages of Kshs 3,000,000.00.…
Division and case type: CivilCivil Appeal
…The learned judge however refused to order specific performance of the contract as had been sought by the appellant and also declined to award any damages for such breach of contract as in his view no damages had been proved…
…Rather the only issue left is that of the refusal of the superior court to award damages to the appellant. As regards damages the trial court stated the following:- “The plaintiff claims damages for breach of contract.…