Case law
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Division and case type: Environment and Land CourtPetition
…The Petitioner asked the Court to grant her the prayer for damages for loss of use and future profits as sought. PETITIONER’S SUBMISSIONS 8.…
…Ltd [1967] EA 287 and urged the court to dismiss the prayer for general damages and costs. ANALYSIS AND DETERMINATION 19.…
Division and case type: Environment and Land CourtPetition
…General damages for illegal registration of restriction.…
…of restriction the Respondents submit it is notable in this respect that comparative jurisprudence limits the award of general damages in constitutional cases to only proven damages and not presumed damages as held in Ntanda…
Division and case type: Environment and Land CourtPetition
…vacate the Petitioners' property known as Buni/Kisimani/258, remove any structures built thereon, and hand over possession to the Petitioners. e) An order of eviction of the Respondent from the suit property. f) General damages…
…for violation of the Petitioners' fundamental rights. g) Exemplary and aggravated damages. h) Costs of the Petition. 2.…
Division and case type: Environment and Land CourtPetition
…The court awarded damages amounting to Kshs. 1.3 billion for loss of life and personal injury and Kshs. 700 million for environmental restoration.…
…The Court of Appeal later reviewed the case, modifying the allocation of liability and revising the award of damages. 2.…
Division and case type: Environment and Land CourtPetition
…In particular, the applicant seeks to plead the special damages he suffered on account of the actions of the respondent complained of. 3.…
…The reason for seeking the amendment is to specifically plead the special damages he suffered on account of the activities of the respondent complained of. 8.…
Division and case type: Environment and Land CourtPetition
…(d) Damages for trespass and constitutional damages for violation of rights be awarded to the petitioner against the 1st Respondent and an order compelling the 1st respondent, National Irrigation Authority and or all the…
…(k) Interest on damages, compensation and costs.…
Division and case type: Environment and Land CourtPetition
…(d) Damages for trespass and constitutional damages for violation of rights be awarded to the petitioner against the 1st Respondent and an order compelling the 1st respondent, National Irrigation Authority and or all the…
…(k) Interest on damages, compensation and costs.…
Division and case type: Environment and Land CourtPetition
…(e) Damages for trespass and constitutional damages for violation of rights be awarded to the petitioner against the 1st Respondent and an order compelling the 1st respondent, National Irrigation Authority and or all the…
…respondents to pay such damages to the petitioner for violation of rights as pleaded and enumerated in this petition on terms and on such quantum and proportion pleaded in the petition and or otherwise as the court shall…
Division and case type: Constitutional and Human RightsPetition
…The company did not in any event breach the purported contract, and that even if it did, which is denied, the quantum of the alleged damages or loss suffered by the petitioner had to be specifically proved.…
…It is not for the petitioner to put forward a figure and assess its own damages. I am with the Respondent company in this submission. It is for the court to determine the figure of damages.…
Division and case type: High Court DivCriminal Appeal
…Herein, the Respondent apart from invoking the tort of malicious prosecution to claim damages from the Appellant, also claimed damages for false imprisonment which in itself is a separate cause of action from malicious prosecution…
…If he established one case, than he is entitled to an award of damages or that issue”. 13.…
Division and case type: Environment and Land CourtPetition
…(d) Damages for trespass and constitutional damages for violation of rights be awarded to the petitioner against the 1st Respondent and an order compelling the 1st respondent, National Irrigation Authority and or all the…
…respondents to pay such damages to the petitioner for violation of rights as pleaded and enumerated in this petition on terms and on such quantum and proportion pleaded in the petition and or otherwise as the court shall…
Division and case type: Environment and Land CourtPetition
…for violation of rights be awarded to the petitioners against the 1st Respondent and an order compelling the 1st Respondent, National Irrigation Authority and or all the Respondents to pay such damages to the petitioners…
…for violation of rights as pleaded and enumerated in this petition on terms and on such quantum and proportion as the court shall determine. d) Award of compensation in the nature of special damages being the value of the…
Division and case type: Environment and Land CourtPetition
…for violation of rights be awarded to the petitioners against the 1st Respondent and an order compelling the 1st Respondent, National Irrigation Authority and or all the Respondents to pay such damages to the petitioners…
…for violation of rights as pleaded and enumerated in this petition on terms and on such quantum and proportion as the court shall determine. d) Award of compensation in the nature of special damages being the value of the…
Division and case type: Environment and Land CourtPetition
…Damages for trespass. Costs of the suit Any other relief the court deems fit to award. The 4th and 5th Defendants filed a defence dated 8th March 2022 denying the plaintiff’s (5th Respondent’s) claim.…
…In Duncan Nderitu Ndegwa vs KPLC Ltd & another [2018]eKLR it was held that once trespass to land is established it is actionable per se and no proof of damages is necessary for the court to award general damages.…
Division and case type: High Court CriminalCriminal Appeal
…Section 175 of the Criminal Procedure Act empowers the court to order the convicted person to pay damages to his victim. Section 175 (2) (a) and (b) provides that:- “2.…
…to the complainant or another person (in either case referred to in this section as the "injured party"), may order the convicted person to pay to the injured party such sum as it considers could justly be recovered as damages…
Division and case type: Environment and Land CourtPetition
…Applicants, who deposed that the court delivered a judgment and decree in favor of the petitioner against the respondents/applicants on October 19, 2023, awarding, inter alia, a decretal sum of Kshs. 3,576,820/= (special damages…
…of Kshs. 1,576,820/- and general damages of Kshs. 2,000,000/-) together with costs in the absence of the respondents. 3. …
Division and case type: Environment and Land CourtPetition
…The Petitioners urged court to award general damages in the sum of Kshs. 950,000,000/= and Kshs. 350,000,000/= as special damages as against the Respondents.…
…Whether special, general, exemplary and punitive damages as assessed by court should be awarded to the petitioners and whether interest should be awarded on damages and costs awarded; 12.…
Division and case type: High Court CriminalCriminal Appeal
…This court will now proceed to assess the quantum of compensatory damages payable to the complainant and will take into consideration the following factors: I.…
…In Kiplagat v Kwambai (2025) Courts commentated that it must consider the nature and extent of the injuries sustained in assessing general damages for pain and suffering. III.…
Division and case type: High Court CriminalCriminal Appeal
…Section 339(1) of the Penal Code provides:-Any person who wilfully and unlawfully destroys or damages any property is guilty of an offence, which, unless otherwise stated, is a misdemeanour, and is liable, if no other punishment…
…The value of the damages property was thus not proved. Contradictions 12. Defence also pleaded and submitted that the learned trial magistrate ignored material contradictions and inconsistencies .…
Division and case type: High Court CriminalCriminal Appeal
…Section 339(1) of the Penal Code provides:-Any person who wilfully and unlawfully destroys or damages any property is guilty of an offence, which, unless otherwise stated, is a misdemeanour, and is liable, if no other punishment…
…The value of the damages property was thus not proved. Contradictions Defence also pleaded and submitted that the learned trial magistrate ignored material contradictions and inconsistencies .…