Case law
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Division and case type: CivilCivil Suit
…On May 14, 1985 an interlocutory judgment was entered against both the defendants with a sum of Kshs 450 together with interest for special damages.…
…The damages that I am required to assess are therefore only in respect of pain and suffering and the injury of the double fracture of the right femur.…
Division and case type: CivilCivil Suit
…DEFENDANT JUDGMENT The case before me is for damages on injuries sustained in a motor vehicle accident by the Plaintiff. I say so because the circumstances are indeed most strange.…
…In the event that the plaintiff ought to have been awarded damages I would hold out that he substantially contributed to his negligence at a ratio of 50% to 50%.…
Division and case type: CivilCivil Suit
…I agree with the defence submission that no special damages were pleaded in the plaint and as such no such special damages can be awarded.…
…He must therefore have suffered substantial damages for which he should be adequately compensated.…
Division and case type: CivilCivil Suit
…In total she claimed shs.40,100/= special damages.…
…On special damages I find shs.22,900/= supported by exhibits. The balance 17,200/= is also said to be funeral expenses receipts of which were not produced but said to have been lost at the funeral.…
Division and case type: CivilCivil Suit
…The plaintiff has proved that his dismissal was unlawful and he is therefore entitled to damages. Counsel for the plaintiff has put out a formula upon which he wants the damages due to the plaintiff assessed.…
…I am of the view that the damages he is entitled to as claimed is the two months salary in lieu of notice which amounts to 2,581.95 shillings special damages plus a sum of 3572/85 worked out on a salary of three months when…
Division and case type: CivilCivil Suit
…(c) General damages for wrongful dismissal and breach of contractreached on 10th April, 1996. (d) A declaration that the letter dated 17th April, 1996 giving theplaintiff one month notice is irregular.…
…The plaintiff, in his plaint did not plead any special damages,specifically. The sum of Kshs.471,000 is made up of two months salary forfailure by the 1st defendant to review the plaintiff's contract.…
Division and case type: CivilCivil Suit
…....PLAINTIFF VERSUS EAST AFRICAN SUGAR INDUSTRIES LTD.............................................DEFENDANT JUDGMENT In his plaint dated 7th July, 1992 the plaintiff claims the following from the defendant: (a) Special damages…
…in the sum of Shs 1000/- (b) General damages (c) Costs of the suit and interest therein at court rates The plaintiff is Richard Boywa Gor and the defendant is East African Sugar Industries Ltd.…
Division and case type: CivilCivil Suit
…He therefore prays for a permanent injunction to restrain him by himself, his servants or agents from stepping on the land; general damages for trespass to be assessed by this court; mesne profits to be determined by this…
…court; special damages of Kshs 6000/-; exemplary damages, costs and interest.…
Division and case type: CivilCivil Suit
…As regards damages, in the event of the court allowing the appeal he submitted that they should not even come to Kshs 10,00.…
…I return to the aspect of the quantum of damages.…
Division and case type: Environment and LandMiscellaneous Application
…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 Suit
…In Waiyunka v Bamburi Portland Cement Co Ltd, Mombasa HCCC 230/80 Muli, J awarded Kshs 12,000 general damages in 1980 for a fractured clavicle as a result of which the plaintiff was unable to follow his employment, unlike…
…Doing the best I can, and taking into account inflation, I make a global award of general damages in the sum of Kshs 15,000 in respect of pain, discomfort, loss of amenities, to include a nominal figure in respect of loss…
Division and case type: CivilCivil Suit
…REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI CIVIL SUIT NO 2552 OF 1987 JAMES MUTULU OKUNNE ………………………………… PLAINTIFF VERSUS NZOIA SUGAR COMPANY LTD & ANOTHER….............DEFENDANTS JUDGMENT This is a suit for general damages…
…In the event that I am wrong in the conclusions I have come to above, had the plaintiff became successful I would have assessed damages at Kshs 50,000 for malicious prosecution considering that the prosecution was conducted…
Division and case type: CivilMiscellaneous Application
…He found that the company could be adequately compensated in damages by the Bank and KCFC if the company succeeded in proving its claims in the trial of the action.…
…The damages were quantifiable and the Bank and KCFC had the assets to cover them.…
Division and case type: CivilCivil Suit
…He found that the company could be adequately compensated in damages by the Bank and KCFC if the company succeeded in proving its claims in the trial of the action.…
…The damages were quantifiable and the Bank and KCFC had the assets to cover them.…
Division and case type: CivilCivil Suit
…By this action he seeks to recover damages from the defendant.…
…In a judgment which was delivered on the 14th November 1989 the plaintiff was awarded Shs. 200,000/=; as general damages for pain, suffering and loss of amenities.…
Division and case type: CivilCivil Suit
…the leading case of GEILLA –vsCASSMAN BROWN [1973] E.A. 358, VIZ: 1) The Applicant must establish a prima facie case with a probability of success, 2) The Applicant must demonstrate that he stands to suffer irreparable damages…
…not capable of compensation in damages 3) On the balance of convenience Applicant must show he is entitled to the injunctive orders.…
Division and case type: CivilCivil Suit
…Issue No.4: Did the Plaintiff suffer loss and damages asparticularized in paragraphs of the Plaint? I find that the Plaintiff may have suffered loss and damagebut proof of such loss is strict.…
…As this was dispensed with actualproof of loss and damages should have been given on oath by thePlaintiff. He failed to do so.…
Division and case type: CivilCivil Suit
…Instead of Coast Hauliers however claiming damages from Awadh Mahrus, a Limited Company called Highway Carriers Ltd made that claim and is in fact one of the co-plaintiffs in this suit.…
…I hence find as a fact that at no time have Coast Hauliers claimed any damages from the defendant and that Highway carriers Ltd were in no way involved in the carriage of the 125 drums.…
Division and case type: CivilCivil Suit
…case with a probability of success; secondly, an interlocutory injunction will normally be granted unless the applicant might otherwise suffer irreparable injury, which would not adequately be compensated by an award of damages…
…Being of that bent of mind, I regard any discourse as to whether the breach of the Plaintiff’s right could be compensated for in damages as an academic one ill befitting a court of law.…
Division and case type: CivilMiscellaneous Application
…XXXIX rules 2, 5 and 9 of the Civil Procedure Rules (cap 21) and section 3A of the Civil Procedure Act (cap 21) on November, 10 1983, for an injunction to restrain the Law Society from impeding his progress to enrollment, damages…
…its issue delayed because the court offices are closed: Carr v Morice (1873) LR Eq 125; Campana v Webb (1874) 22 WR 622; Chanhoch v Hertz (1888) 4 TLR 331: or the applicant gives, in addition to the usual undertaking in damages…