Case law
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Division and case type: CivilCivil Appeal
…In its turn, the second respondent stated in its defence that it had bought the machine from Karugu Contractors and raised a counterclaim for damages for loss of business.…
…The Judge granted a stay on condition that the defendants paid a sum of Shs.720,000/-, being 10% of the damages awarded, to the appellant's Advocates.…
Division and case type: CivilCivil Appeal
…He also made submissions for an award of general damages for mental anguish and apprehension of possible arrest.…
…As far as grounds of appeal relating to claims in respect of travelling expenses and general damages are concerned we are satisfied that the learned judge did not err in disallowing these claims.…
Division and case type: CivilCivil Appeal
…He was obviously referring to the issue of liability as he did say, and quite correctly in our view, that the issue of damages should proceed to proof by way of assessment of damages. Mr.…
…Damages of course are always in issue unless specifically admitted. It was observed by Chesoni Ag. J.A in the case of Choitram vs Nazari (1982-88) 1 K. A.…
Division and case type: CivilCivil Appeal
…The appellant’s appeal concerns the quantum of damages, i.e.…
…Shs.200,000/- awarded to him on the ground of pain, suffering and loss of amenities, and the refusal by the Judge to award any damages on the issue of loss of future income.…
Division and case type: CivilCivil Appeal
…On 14th August, 1991 an interlocutory judgment was entered in that case for the respondent and on 17th January, 1992 damages were assessed as follows:- (a) General damages for pain, suffering and loss of amenities: Kshs 600,000…
…Please let us have your admission of liability so that the issue of quantum of damages may then be gone into. We are copying this letter to your insurers who may respondent on your behalf.…
Division and case type: CivilCivil Appeal
…Justice Juma) in Nairobi on 27th June, 1996 by which the respondent was awarded damages under the Fatal Accidents Act and the Law Reform Act arising out of the death of her husband in a road traffic accident which occurred…
…The learned judge whilst awarding damages under this head said that the decision in the case of Hintz vs.…
Division and case type: CivilCivil Appeal
…There was also a claim for general damages.…
…The award of Shs.1,080,000/-, general damages, for loss of business cannot stand for two reasons. First, it is compensation for consequential loss which is expressly excluded under the terms of the policy.…
Division and case type: CivilCivil Appeal
…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?…
Division and case type: CivilCivil Appeal
…She blamed the appellant for these injuries and claimed damages in respect thereof from the appellant.…
…These grounds are mainly on liability and quantum of damages.…
Division and case type: CivilCivil Appeal
…Moreover the attitude towards damages of the learned Judge is surely misconceived.…
…It is difficult to see how the learned Judge envisaged the assessment of damages.…
Division and case type: CivilCivil Appeal
…Mr Gatonye complained further that the learned trial judge misdirected himself by awarding special damages without proof thereof. We appreciate that as a matter of practice, special damages should be pleaded and proved.…
…However, there are cases where awards can be given as special damages. For instance in injury claims special damages may be awarded for future unquantifiable expenditure arising after judgments.…
Division and case type: CivilCivil Appeal
…he granted the respondent the interlocutory injunction that he had sought on the usual undertaking as to damages.…
…To my mind, the loss to the plaintiff cannot be compensated for in damages.…
Division and case type: CivilCivil Appeal
…defendant do forthwith hand over all stocks of the company’s products and if necessary the company to refund to the defendant the cost of such stock pursuant to the agreement and an order directing the defendant to pay damages…
…He counter claimed general and special damages on ground of alleged breach of clause 2(d) of the agreement.…
Division and case type: CivilCivil Appeal
…filed under order XXXVI Rule 3 C(1) of the Civil Procedure Rules and Section 3A of the Civil Procedure Act, the respondent applied to the court for extension of the Limitation period to enable him to file suit claiming damages…
…There is an exception to this section in section 27 which provides: Section 27 (1)Section 4(2) does not afford a defence to an action founded on tort where:- a)the action is for damages for negligence, nuisance or breach…
Division and case type: CivilCivil Appeal
…appeal raises a short issue which is: Can an insurer (or a tortfeasor) who is dealing with the advocates for the injured party upon settlement of claim, pay directly to the injured party, the sum in respect of the claim for damages…
…The advocate after deducting his fees (including advocateand client element thereof) is bound to pay the balance of the awarded or agreed damages to his client.…
Division and case type: CivilCivil Appeal
…Gideon Gitau Ndatha (the appellant) filed proceedings against Rosaline Mary Osborn (the respondent) to recover damages for personal injuries alleged to have been sustained in a collision involving the appellant and a vehicle…
…He then sets out particulars of negligence, injuries and of special damages.…
Division and case type: GeneralUnclassified
…some merit in the first ground, but since the applicant did not in his plaint seek the equitable relief of specific performance, it would seem to us that it can not be said that the appeal if successful, would be nugatory, damages…
Division and case type: CivilCivil Appeal
…(2) If so, what damages?…
…He then held M'Mukanya and Nyamu were liable in damages for what they did on M'Mbijiwe's plot. He then made these orders - 1. M'Mukanya and Nyamu to be evicted from plot 58 2. Kshs 2,000 general damages 3.…
Division and case type: CivilCivil Appeal
…He sought against the appellants damages for unjustified invasion of his premises, loss of privacy, defamation and the return of all his goods.…
…Njuguna argued, it had not been proved that damages were not an adequate remedy.…
Division and case type: Environment and LandLand Case
…This contract provides which is for a stated period provides for its termination and the damages which the applicant will suffer if it is shown that the respondent had wrongfully terminated the contract, can be easily assessed…