Search court decisions

…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.…

…Either interlocutory judgment has been entered and damages remain to be assessed, or there is an ex parte hearing of all the issues on liability and damages.…

…The appeal, concerns the assessment of general damages of Kshs 30,000; special damages of Kshs 1,010 not being disputed.…

…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…

…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.…

…The judge decided to proceed with the assessment of damages.…

…The judge did not accomplish the task he set out to do; he did not asses damages.…

…He awarded the appellant general damages in the sum of Kshs 250,000/- for the injuries she sustained as a result of the accident. He also awarded special damages in the sum of Kshs 60,750/- and 9,604,600 Italian Lira.…

…The appeal is therefore on quantum of general damages and date of conversion of the Italian Lira in respect of the special damages awarded by the superior court in foreign currency.…

…Had the plaintiff succeeded he would have awarded Shs.30,000/- general, and Shs.1,000/- special, damages.…

…I would therefore dismiss the second ground of appeal and I would award the appellant Shs.30,000/- general, and Shs.1,000/- special, damages.…

…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.…

…The plaintiff’s claim is that he has suffered loss and damage and, therefore, he claims general and special damages.…

…The latter had brought a suit against his employer claiming general damages, and special damages of Kshs 1,516.05 for wrongful dismissal. The High Court dismissed this suit with costs.…

…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.…

…We have been informed that damages have been agreed. This will carry interest from the date of judgment to the date of payment in full at court rates. Platt JA. I agree with the conclusion reached by Gachuhi JA.…

…The particulars of negligence contained in the plaint were denied by the written statement of defence and the suit went onto trial on the issue of liability as the learned counsel agreed on quantum of damages.…

…In the alternative the respondent claimed Shs 436,000/- by way of damages, that sum being the value of the motor vehicle.…

…The plaintiff EA Drapers Limited had sued Combined Warehouses Limited as first defendant for damages.…

…That sum was claimed as damages.…

…Subsequently, the plaintis issued a writ in rem claiming, inter alia, damages for breach of the agreement and one of the defendant ships were arrested.…