Case law
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Division and case type: Environment and LandLand Case
…applicant must show they have a prima facie case with a probability of success; the applicant, must demonstrate that he/she might suffer irreparable injury if the injunction is not issued which cannot be compensated by damages…
…The subject matter of the suit being land, I find and hold that damages may not be an adequate remedy to the plaintiff. 15.…
Division and case type: Environment and LandLand Case
…The respondent commenced proceedings in the superior court for damages for breach of contract, specific performance of the contract by execution of all necessary documents, general damages, exemplary damages, interests and…
…Then there is the issue of special damages in the sum of Shs. 11,800,000/-.…
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: 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: Environment and LandLand Case
…This contract provides which is for a stated period provides for its termination and the damages which the applicant will suffer if it is shown that the respondent had wrongfully terminated the contract, can be easily assessed…
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…
Division and case type: CivilMiscellaneous Application
…this court has said that issues not before the High Court on an Originating Summons should not be decided n proceedings before it, namely Kenya Commercial Bank v James Osebe, Civil Appeal 60 of 1982, where the issue of damages…
Division and case type: CivilMiscellaneous Application
…It is the suit filed by Shem Nyambasi Mulefu and Elija Nandi Chikamai against the applicant for injunction, eviction and general damages.…
…Although the respondents got themselves registered as proprietors of the applicant’s parcel of land and got certificate of title, the suit filed for injunction as to trespass, possession and damages relates to a different…
Division and case type: Environment and LandLand Case
…He deposed further that he was never awarded damages on account of the defendant’s occupation of his property and that he is being prejudiced without any route to adequate compensation from this court.…
…As parting shots, rst, the applicant seemed to lodge a complaint that for reason of not having been awarded general damages for him not using the suit land but the judgment debtor, the court should act rmly as it gave a…
Division and case type: CivilMiscellaneous Application
…Mr Onyancha further submitted that the applicant has not suffered special damages, over and above the one suffered by the public since he had assigned all his rights to the chargee (Kenyac).…