Search court decisions

…He assessed general damages at Kshs 270,000/- less workmans compensation of Kshs 16,540/50 leaving a balance of Kshs 253,450.00 plus costs and interest. There was an order for special damages of Kshs 1,500.00.…

…I find that liability was well established as found by the trial magistrate that there is no denial that the respondent was an employee of the appellant and he was injured on duty and was paid workmans compensation.…

…The defendants have accepted their full liability for the negligence which resulted in the collision and so this case comes to me solely for assessment of damages to be paid to the plaintiff as compensation for the injuries…

…All that judges and courts do is to award sums which must be regarded as giving reasonable compensation. In the process there must be an endeavour to secure some uniformity in the general method of approach.…

…In the alternative, the defendant avers that he has had already paid agreed compensation to the plaintiff. The plaintiff filed a reply to the defence and denied that she has received any compensation.…

…Has the defendant paid mutually agreed compensation to the plaintiff in full and final settlement? 6. What is the order as to costs?…

…Substantial loss is that loss may not be made good by monetary compensation. And so, a party is bound to show what such loss is and why an award of damages will not be sufficient compensation.…

…The Court must assess the degree of the inconvenience, hardship, or embarrassment suffered and do its best to fix a monetary compensation.…

…Taking all the circumstance into account, I consider Kshs 40,000/= as reasonable compensation by way of general damages. Then there is the question of exemplary damages. These are damages awarded punitively.…

…The medical evidence shows that the plaintiff’s complaints for which he is justified in seeking compensation are loss of the right leg and the consequential inability to work or use the leg.…

…The evidence from the Ministry of Labour, Mombasa: It was given by Mr Francis Gitau who is incharge of workmen’s compensation.…

…The question is what will be a fair and reasonable compensation to award this little girl who suffered so much by this accident?…

…This only shows that award of compensation for pain and suffering is, by and large, a matter of impression and common sense.…

…performance of his duties the plaintiff had totally fallen from grace by accepting bribes from those candidates he interviewed for jobs and so did not deserve to continue in his employment and they should not be ordered to pay compensation…

…She prayed for compensation as per her pleadings in court. As was rightly stated by the plaintiff in the counterclaim, the claims in the plaint or amended plaint were not proved against her.…

…Premature because he had not been publicly examined putsuant to the provision of the Section 17 of the Bankruptcy Act; and secondly no scheme of compensation had been requested for or given before he could be adjudged.…

…The plaintiff was required to establish a prima facie care with a probability of success, that damages would not be adequate compensation in the event the order was not granted and that if the court is in any doubt the matter…

…The principles indicated in that case were that (1) the case has to have reasonable probability of success (2) that the injury likely to be suffered has to be incapable or unsuitable of monetary compensation and (3) that…

…They also stress the need for maintenance of status quo rather than monetary compensation as the courts should not act in vain and/or that their decisions should not be rendered nugatory in the course of the pendency of a…

…If the answer to issue 3 is yes, then is the plaintiff entitled to any compensation? And from when? 5.…

…principles in view the answer to the third issue, namely whether the plaintiffs trailer plus tanker was extensively damaged is definitely in the affirmative and that as a result of the said damages the plaintiff is entitled to compensation…

…If the answer to issue 3 is yes, then is the plaintiff entitled to any compensation? And from when? 5.…

…principles in view the answer to the third issue, namely whether the plaintiffs trailer plus tanker was extensively damaged is definitely in the affirmative and that as a result of the said damages the plaintiff is entitled to compensation…

…It is only by adding up the awards in both cases cited by Mr Ringera that one gets roughly closer (if that is possible) to “compensation which would give the injured reparation for the wrongful act and for all the material…

…In Words and Phrases Legally Defined, Vol 3 p 79, “interest” is defined as: “…….. the return or compensation for the use or retention by one person of a sum of money belonging to or owed to another.”…

…The compensation is in the form of interest. The argument raises fundamental questions.…

…I have carefully considered the nature of injuries sustained by the Plaintiff and taking into account the Submissions of her Counsel I am in agreement that an award of Kshs. 1,000,000/= would be fair compensation for the…

…city commission, one for grocery and the other in the name of the plaintiff’s daughter for gruel and cooked mixed vegetables. 3 The kiosk was constructed. 4 That part of the kiosk was demolished on September 8, 1983. 5 No compensation…

…In other words they are awarded in order to punish the defendant in an exemplary manner and not as a compensation to the plaintiff.”…

…What I have to determine under this head of damage is a fair and reasonable compensation for the plaintiff. Before doing this, I must state briefly the injuries he suffered.…

…I must now answer the not-too-easy question; what will be a fair and reasonable compensation to award the plaintiff for his pain and suffering and loss of amenities?…