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…The only question raised in this appeal was whether the general damages for pain, suffering and loss of amenities awarded to Robert Msioki Kitavi, the appellant, should be increased.…

…The only issue was the quantum of damages, special and general, the respondent should pay the appellant.…

…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…

…General damages are not recoverable. In the result, this appeal is allowed, the judgment and decree of the Resident Magistrate is set aside and substitute therefor an order dismissing the respondent’s claim with costs.…

…The appeal is therefore on quantum of general damages and date of conversion of the Italian Lira in respect of the special damages awarded by the superior court in foreign currency.…

…Turning now on ground two (2) of appeal, Mr Kasmani attacked the award of general damages (Kshs 250,000/-) as low and therefore erroneous.…

…The only question raised in this appeal was whether the general damages for pain, suffering and loss of amenities awarded to Robert Msioki Kitavi, the appellant, should be increased.…

…The only issue was the quantum of damages, special and general, the respondent should pay the appellant.…

…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.…

…He also awarded general damages in the sum of shs 3,000. It is the above findings that have prompted this appeal.…

…(4) Was there any basis for the trial courts’ award of general damages?…

…In a suit filed in that Court on 21st January 1992 the plaintiff, now the respondent, claimed from the defendant, now the appellant, both general and special damages for breach of contract.…

…Then the learned Resident Magistrate went on to say on general damages that he considers the degree certificate as a very important document where the plaintiff’s family has a living from.…

…damages for mental anguish and apprehension of possible arrest for being illegally in Kenya or working without a work permit.…

…He also made submissions for an award of general damages for mental anguish and apprehension of possible arrest.…

…He also assessed the general damages at Kshs 786,600. Add these two sums and the result is Kshs 833,512.…

…The loss of promotion prospects the judge said must form part of the general award for damages.…

…No special damages were proved and no general damages were proved beyond the cost of repairs which the tenant had met. Appeal dismissed. Cases No cases referred to. Statutes No statutes referred.…

…In our opinion, not only was any special damages alleged not proved, nor has any general damages been proved beyond the cost of repairs which the tenant has met.…

…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.…

…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…

…damages for pain, suffering and loss of amenities.…

…There is a claim for special damages as well as general damages.…

…Mr Onyinkwa insisted that the item for the loss of hire which the appellant claimed fell into the category of general damages. I say unhesitatingly that he was wrong in his submission.…

…There was also a claim for general damages.…

…The memorandum of appeal contains 14 grounds of appeal but looking at them closely the appellant's complaints relate to: (1) The sum of shs.1,080,000/- awarded as general damages for loss of business. (2) Shs.60,000/- for…

…The plaintiff’s claim is that he has suffered loss and damage and, therefore, he claims general and special damages.…

…Also that the appellant’s evidence was shut out in that he was not allowed to produce cards which documents were relevant to the plaintiff’s claim of general 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/=.…

…The agreed general damages for pain and suffering and loss of amenities was £120,000.…

…General damages for pain and suffering and loss of amenities was in December 1982 assessed at £50,000.…

…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/=.…

…I entirely agree that the learned judge’s award of Kshs 10,000 by way of general damages was manifestly too low.…

…For the reasons he gives the award of general damages could be increased to Kshs 80,000.…