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: Environment and Land CourtCivil Suit
…loss of trees and crops, general damages, interest, and costs.…
…I find that the plaintiff has failed to prove special damages to the required standard. I will therefore not award any special damages. The plaintiff also sought judgment for general damages.…
Division and case type: Environment and Land CourtCivil Suit
…loss of trees and crops, general damages, interest, and costs.…
…I find that the plaintiff has failed to prove special damages to the required standard of certainty and particularity. I will therefore not award any special damages.…
Division and case type: Environment and Land CourtCivil Suit
…loss of crops, general damages, interest, and costs.…
…I find that the plaintiff has failed to prove special damages to the required standard. I will therefore not award any special damages. The plaintiff also sought judgment for general damages.…
Division and case type: High Court CivilCivil Suit
…use of the infringing mark. 11.On damages, the court has powers to award damages for infringement of trade marks .…
…Damages In Lever V Goodwin 1887, 36 Ch.…
Division and case type: High Court CivilCivil Suit
…General damages for defamation. Aggravated damages. Exemplary damages Costs of his suit together with interests at court rates. Any further relief as the court deems fit to grant.…
…On damages it was submitted that the plaintiff is entitled to damages for defamation and exemplary damages to compensate him for suffering, distress, embarrassment and defamatory statement.…
Division and case type: Environment and Land CourtCivil Suit
…Special damages are those damages which are ascertainable and quantifiable at the date of the action.…
…various types of damages.…
Division and case type: High Court DivCivil Suit
…, as follows: “General damages are damages at large and the Court does the best it can in reaching an award that reflects the nature and gravity of the injuries.…
…Taking into account the lapse of time and inflation rate, I accordingly award the Plaintiff Kshs.6,000,000 in general damages for pain and suffer Special damages 32.…
Division and case type: Environment and Land CourtCivil Suit
…. g) Exemplary/Punitive damages h) Interest at court rate 2.…
…and punitive damages.…
Division and case type: Environment and Land CourtCivil Suit
…The plaintiffs, in their plaint dated 3 November 2022, sought the following reliefs against the defendant: a) General damages. b) Special damages in the sum of Kshs. 47, 597, 209.89/- c) Costs and interests. 2.…
…The Plaintiffs’ claim for special damages was calculated at Kshs. 47,597,209.89.…
Division and case type: Environment and Land CourtCivil Suit
…Joseph Katana & Another (2019)eKLR. 62 Is the plaintiff entitled to an award of General damages and special damages as prayed?…
…may be awarded. e) If the trespass is accompanied by aggravating circumstances which do not allow an award of exemplary damages, general damages may be increased.” 66 The Court has been invited to award special damages of…
Division and case type: High Court DivCivil Suit
…I will now consider the various heads of damages pleaded by the plaintiff. General damages for pain, suffering and loss of amenities 26.…
…The plaintiff prayed for damages for loss of consortium as an independent prayer from that of general damages.…
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: Environment and Land CourtCivil Suit
…Special damages are those damages which are ascertainable and quantifiable at the date of the action.…
…various types of damages.…
Division and case type: Environment and Land CourtCivil Suit
…In light of the foregoing, the Plaintiff has and/or incurred special damages. Particulars of special damages.…
…General damages and Special damages of Kenya shillings twenty seven thousand (Kshs 27,000/-) 8. Costs of the suit and interest of the above.…
Division and case type: Environment and Land CourtCivil Suit
…For both punitive and aggravated damages against the 1st defendant for cutting down and harvesting mature trees? If so, what is the amount?…
…In Kenyan law, exemplary (punitive) damages penalize outrageous conduct by mostly government officials or profit-driven torts, while aggravated damages compensate for increased mental suffering caused by a defendant's malicious…
Division and case type: Environment and Land CourtCivil Suit
…may be awarded e) If the trespass is accompanied by aggravating circumstances which do not allow an award of exemplary damages, general damages may be increased” In the instant case the plaintiff has demonstrated that it…
…It is my considered view that K.Sh. 10 000 000 is a reasonable award for general damages”.…
Division and case type: Environment and Land CourtCivil Suit
…He further seeks damages for the defendant’s acts of trespass and costs of the suit. 5.…
…Since general damages for trespass are typically awardable in such cases, the plaintiff requests that the court allow the suit, including an award of damages as pleaded herein, per the decision in Gakuria & another v Mwangi…
Division and case type: High Court CivilCivil Suit
…On the issue of quantum, I address the damages sought under general and special damages.…
…On special damages , the standing legal position on this is that special damages must be specifically pleaded and strictly proved.…