Case law
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Division and case type: CivilCivil Suit
…This matter is therefore before me only for the assessment of general damages. The applicant gave evidence as to how he came to sustain the injuries that he now seeks to be compensated for.…
…I therefore enter judgment for the plaintiff in the following terms: a) General damages Kshs 40,000 b) Specific damages Kshs 450 c) Costs of the suit d) Interest on the above at 12% as from the date of the judgment.…
Division and case type: Environment and Land CourtCivil Suit
…He did not however offer any submissions as to quantum of general damages.…
…The plaintiff also sought judgment for general damages. It was not pleaded in the plaint what the general damages are for.…
Division and case type: Environment and Land CourtCivil Suit
…He did not however offer any submissions as to quantum of general damages.…
…Regarding the prayer for general damages, it was not pleaded in the plaint what the general damages are for.…
Division and case type: Environment and Land CourtCivil Suit
…He did not however offer any submissions as to quantum of general damages.…
…The plaintiff also sought judgment for general damages. It was not pleaded in the plaint what the general damages are for.…
Division and case type: High Court CivilCivil Suit
…On general damages, she echoed the testimonies of PW1 and PW2. 9. PW4, Valentine Kinyangi, was a credit controller with the 4th plaintiff.…
…On the general damages, he urged the court to consider the testimonies given by PW1 and PW2. 10. PW5, Dr.…
Division and case type: High Court DivCivil Suit
…General damages for pain, suffering and loss of amenities 26. The plaintiff proposed KShs 45,000,000/= as general damages for pain, suffering, and loss of amenities.…
…(as he then was) awarded Ksh.3.5 million in general damages. iii. William Wagura Maigua vs.…
Division and case type: Environment and Land CourtCivil Suit
…& 2 Others V County Government of Nyamira [2020] eKLR where the court made an award of Ksh 500,000/- for general damages for trespass.…
…Damages for trespass.…
Division and case type: High Court CivilCivil Suit
…With respect to general damages for breach of contract, the legal position is settled. In Consolata Anyango Ouma v South Nyanza Sugar Co.…
…No particulars of loss or injury were led in evidence to justify an award of general damages. I am therefore persuaded by the authority of Ganuni Construction Co.…
Division and case type: Environment and Land CourtCivil Suit
…General damages for trespass. c. Costs of the suit. 2. The Defendants filed an amended defence and counterclaim in which the 2nd Defendant sought the following reliefs: a. …
…He pleaded for an award of general damages in the sum of Kshs.2,000,000/=. Defendants’ Submissions 13. …
Division and case type: Environment and Land CourtCivil Suit
…Regarding general damages, Ms. Mwangi stated that they are payable for breach, misrepresentation, and interference with property rights.…
…Since the Plaintiffs sold the suit property at a significant profit, they are not entitled to general damages. 22.…
Division and case type: Environment and Land CourtCivil Suit
…It is my considered view that K.Sh. 10 000 000 is a reasonable award for general damages”.…
…I will proceed and award them Kshs. 1,000,000/= as general damages.…
Division and case type: High Court DivCivil Suit
…Quantum of Damages General Damages for Pain, Suffering and Loss of Amenities In submitting under this head, the Plaintiff relied on the amended Plaint dated 31st August 2023, which particularizes the Plaintiff’s injuries…
…minimum general damages of at least Kshs.6,500,000/=, which is reasonable in the circumstances.…
Division and case type: Environment and Land CourtCivil Suit
…The plaintiff is entitled to general damages for trespass. The issue which arises is as to what is the measure of such damage?.…
…However, as I have found that the plaintiff is entitled to general damages for trespass, I will award a nominal sum of Kshs. 100,000/= as general damages for trespass.…
Division and case type: High Court CivilCivil Suit
…The Plaintiff seeks an injunction to restrain the Defendants from infringing his trademark, general damages for the infringement, interest, and costs of the suit. 2.…
…The Plaintiff is thus entitled to general damages for the tortious act of infringement. 14.…
Division and case type: Environment and Land CourtCivil Suit
…Special& General damages for trespass. d. Costs and interest.…
…The plaintiff is entitled to general damages for trespass. The issue which arises is as to what is the measure of such damage?…
Division and case type: Environment and Land CourtCivil Suit
…The Plaintiff is entitled to general damages. The law is settled that trespass to land is actionable per se, meaning the Plaintiff need not prove any specific damage or loss to be entitled to relief.…
…See Philip Ayaya Aluchio v Crispinus Ngayo [2014] eKLR, where the Court held as follows: "The plaintiff is entitled to general damages for trespass. The issue which arises is as to what is the measure of such damage?…
Division and case type: Environment and Land CourtCivil Suit
…On the claim for general damages for trespass, the court is of the view that trespass is a tort which is actionable per se.…
…On the issue of general damages for trespass, the issue that arises is the measure of it.…
Division and case type: Environment and Land CourtCivil Suit
…On the issue of whether the Plaintiff is entitled to General Damages as sought.…
…On the issue of general damages for trespass, the issue that arises is: what is the measure of it? This question was answered by E.…
Division and case type: Environment and Land CourtCivil Suit
…General damages for trespass and damage to the suit property. d.…
…However as I have found that the plaintiff is entitled to general damages for trespass, I will award a nominal sum of Kshs. 100,000/= as general damages for trespass.…
Division and case type: High Court CivilCivil Suit
…That in light of the above cases, an award of Kshs. 7,000,000 in general damages would be sufficient. 11.…
…The 1st Defendant further submitted on general damages that a sum of Kshs. 1,000,000 will suffice and that the proposed sum of Kshs. 7,000,000 is on the higher side.…