Case law
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Division and case type: CivilCivil Appeal
…The award of damages is a matter within the discretion of the trial court.…
…It was thus relevant to the assessment of damages for the purpose not of minimizing the damages, as the learned judge held, but for enhancing them. 5.…
Division and case type: CivilCivil Appeal
…The third, fourth and sixth grounds of appeal are that the plaintiff failed to prove the damages claimed by it; that it failed to mitigate the damage, and that interest on damages was wrongly awarded.…
…The plaintiff was therefore entitled to damages, basically for breach of contract, but also in sounding in detinue. But the measure of damages must be subject to some restraint.…
Division and case type: CivilCivil Appeal
…The third, fourth and sixth grounds of appeal are that the plaintiff failed to prove the damages claimed by it; that it failed to mitigate the damage, and that interest on damages was wrongly awarded.…
…The plaintiff was therefore entitled to damages, basically for breach of contract, but also in sounding in detinue. But the measure of damages must be subject to some restraint.…
Division and case type: CivilCivil Appeal
…In my own judgment, therefore, I would award him a sum of Shs 750,000/= as general damages for pain, suffering and loss or amenities, on top of which I would add Kshs 13,050/=, being special damages and enter judgment for…
…In plain language, the appellant is simply asking this Court to reduce the amount of damages awarded to the respondent by the trial judge because in the view of the appellant, those damages are so excessive that they amount…
Division and case type: CivilCivil Appeal
…There is a claim for special damages as well as general damages.…
…In these circumstances I would hold that the appellant has failed to prove anything in the nature of special damages. He is in judgment entitled to damages by way of general damages only.…
Division and case type: CivilCivil Appeal
…No special damages were proved and no general damages were proved beyond the cost of repairs which the tenant had met. Appeal dismissed. Cases No cases referred to. Statutes No statutes referred.…
…In our opinion, there is no legal liability on the respondent to pay any damages beyond this.…
Division and case type: CivilCivil Appeal
…He went on to award the respondent Kshs 29,320 as special damages, and a total of Kshs 786,600 by way of general damages, made up as follows: 1. Kshs 450,000 for pain and suffering and loss of amenities of life. 2.…
…They were an actual loss and must be proved as part of the special damages.…
Division and case type: CivilCivil Appeal
…Also that since the year 1977, he has been negotiating with the Attorney General’s Chambers for payment of damages for his total loss of his eyesight but that, as he put it “their promise has not materialized”, that he has…
…Protracted negotiations with the Attorney-General for payment of damages are not to be taken lightly. Practicing advocates do take such negotiations seriously.…
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: CivilCivil Suit
…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: CivilCivil Appeal
….…..RESPONDENT (Appeal from the High Court at Kisumu, Butler-Sloss J) JUDGMENT Platt JA The appellant, Shadrack Arap Baiywo, had been sued by the respondent Bodi Bach, for damages, because the appellant had first sold to…
…The form of the application appears to follow order IXA rule 5 of the Civil Procedure Rules, whereby interlocutory judgment was prayed for, pending the matter being set down for the assessment of damages.…
Division and case type: CivilCivil Suit
…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: CivilCivil Appeal
…No general damages are payable for dismissal of a servant. In the end result we dismiss this appeal with costs. Dated and delivered at Nairobi this 1st day of March, 1996. R. O. KWACH ………………………. JUDGE OF APPEAL P.K.…
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: CivilCivil Appeal
…Shakeel Ahmed, unequivocally repudiated the agreement in their letter of June 19, 1987, it is hardly surprising that Mayfair Holdings sued for specic performance of the agreement, an order for transfer of the property and damages…
…Whether the appellant’s legal advisers should have included a claim against Shakeel personally for damages is only a matter for incidental comment here. 28.…
Division and case type: CivilCivil Appeal
…It follows that once an employee has been dismissed, whether rightly or wrongly, the dismissal stands, and if the contract has been broken by the employer, damages for breach of contract is the remedy to which the employee…