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…NO. 114 OF 1992) ************************** JUDGEMENT OF THE COURT This is a second appeal from the decision of the Resident Magistrate’s Court in Nairobi by which the respondent was awarded Shs.85,000/- as general damages…

…General damages are not recoverable. In the result, this appeal is allowed, the judgment and decree of the Resident Magistrate is set aside and substitute therefor an order dismissing the respondent’s claim with costs.…

…What general damages should I award to the Plaintiff? To answer that question I must first consider the injuries the Plaintiff sustained during the accident. A medical report by Mr.…

…Justice Wambilyangah awarded Otieno shs.125,000/- as general damages and this was on the 4th March, 1992, that is some three months ago.…

…The court therefore now proceeds to assess general and special damages. First the special damages.…

…With regard to general damages for pain, suffering and loss of amenities the plaintiff had to spend over a week in the hospital.…

…He also awarded general damages in the sum of shs 3,000. It is the above findings that have prompted this appeal.…

…(4) Was there any basis for the trial courts’ award of general damages?…

…The court therefore now proceeds to assess general and special damages. First the special damages.…

…With regard to general damages for pain, suffering and loss of amenities the plaintiff had to spend over a week in the hospital.…

…damages for mental anguish and apprehension of possible arrest for being illegally in Kenya or working without a work permit.…

…He also made submissions for an award of general damages for mental anguish and apprehension of possible arrest.…

…PLAINTIFF VERSUS APOLLO BWONYA ORODHO RINAH ORODHO BWONYA EDWARD CHARLES OHARE ………………DEFENDANTS JUDGMENT This is a suit for equitable remedies of injunction and declaration, and, also, for general damages based on an act…

…It cannot be treated as part of general damages in light of the fact that it is specific. The plaintiff did not in any case indicate in her evidence, nor did her son, the amount they spent in that regard.…

…Mrs Adogo has asked me to award Shs 500,000/= as general damages for pain, suffering and loss of amenities.…

…General damages for pain, suffering and loss of amenities were assessed at Shs 1,000,000/-” I agree with Mrs Adogo that the injuries suffered by the plaintiff in the cited case were far graver though somewhat comparable to…

…Court awarded shs 170,000/- general damages in November 1988 (2 years ago).…

…I would assess general damages at shs 180,000/- less shs 4,500/- already paid making the award at shs 175,500/-.…

…There was also a claim for general damages.…

…The memorandum of appeal contains 14 grounds of appeal but looking at them closely the appellant's complaints relate to: (1) The sum of shs.1,080,000/- awarded as general damages for loss of business. (2) Shs.60,000/- for…

…Giving the best consideration to this aspect of the case, we thing that the figure of general damages for pain, suffering and loss of amenities should be reduced by one-half to shillings 600,000/=.…

…The agreed general damages for pain and suffering and loss of amenities was £120,000.…

…General damages for pain and suffering and loss of amenities was in December 1982 assessed at £50,000.…

…As a result the plaintiff suffered from chronic pain in the joint and weakness of the right hand producing permanent incapacity of about 40%.In a judgment which was delivered on the 11th July 1989 Butler-loss J, assesed general…

…damages at Shs. 250,000/=.It is undoubtedly clear that this case has significant comparable features to the present case especially with regard to the wrist injury.…

…He instituted the suit for general damages for that alleged dismissal in addition to other reliefs which are listed in the plaint.…

…So much so that even if the defendant had failed to file its defence after being served with summons, it would be necessary for a formal proof of the claim for general damages to be done before a final decree could be entered…

…Giving the best consideration to this aspect of the case, we thing that the figure of general damages for pain, suffering and loss of amenities should be reduced by one-half to shillings 600,000/=.…

…They also claim general damages for assault and costs of this suit. There claims are joint and several against the three defendants. The defence is two-fold.…

…Finally, this witness told the court that with regard to the deceased Abdi he arranged for a suit to be filed in the name of his widow (HCCC 327/ 78) and that the case was settled and the Attorney General paid damages to…

…Theplaintiffs still claimed general damages injunction and costs. But they did not claim any special damages. The defendant filed an elaborate amended defence to the amended plaint.…

…Dhanji took a preliminary point to the effect (as far as can be made out from the notes made by the learned judge) that there can be no claim for general damages for inducing a breach of contract and that special damages…

…The respondent commenced proceedings in the superior court for damages for breach of contract, specific performance of the contract by execution of all necessary documents, general damages, exemplary damages, interests and…

…The applicant seeks an order for stay of execution of the interlocutory judgment in the sum of shs. 11,800,000/- as well as setting down the suit for hearing by way of formal proof for assessment of general and exemplary…

…He then proceeded to award the respondent general damages of Shs. 35,000/- for pain and suffering. Dissatisfied with this decision, the appellant appeals to this court and puts forward seven grounds of appeal.…

…In regard to general damages, counsel was of the view that the award by the lower court was modest and that this court should not interfere with it.…