Case law
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Division and case type: CivilCivil Appeal
…The appellant complains that the compensation awarded him was wholly inadequate and was based on incorrect principles and invites us to increase it.…
…The learned judge put at the forefront of the appellant’s entitlement to compensation, what he called his “loss of dignity”. It is not entirely clear what the judge meant by this.…
Division and case type: CivilCivil Appeal
…But having looked and considered the compensation awarded for comparable or almost comparable injuries both before and after the date of the judgement, I think a fair and reasonable compensation should be within the 40,000…
…I would also accordingly reduce the compensation for pain, suffering and loss of amenities of life to that figure.…
Division and case type: CivilCivil Appeal
…The respondent accordingly put in a claim for compensation for the loss of his suitcase and its contents which he valued at a total sum of shs 126,260.…
…The court therefore held that the appellant was liable to compensate the respondent for the actual loss of his suitcase and its contents: he assessed the compensation in the sum of shs 36,000.…
Division and case type: CivilCivil Appeal
…Not surprisingly therefore, no provision was contained in the agreement for the payment of interest on the compensation that fell to be paid or otherwise, where the appellant was in breach of the agreement.…
…And so, apart from the fact that a breach of the agreement by the appellant would not make him liable in addition to the agreed compensation payable by him under the agreement, to pay any interest on the amount of rental…
Division and case type: CivilCivil Appeal
…although not vitiated by any irregularity in publishing or conducting it, does not preclude anyone who sustains an injury, by reason of that irregularity at the hand of any other person, instituting a suit against him for compensation…
…, or (if such person is the purchaser) for recovery of the property and for compensation in default of its recovery.…
Division and case type: CivilCivil Appeal
…The reliefs sought were for an injunction to restrain the appellants and the County Council and their agents, from occupying the land; for damages; and for compensation for the loss of use by the respondent of her land.…
…The reliefs were for an injunction to restrain the appellants and curiously, also the County Council and their agents, from occupying the land; for damages; and for compensation for the loss of use by the respondent of her…
Division and case type: CivilCivil Appeal
…He had also prayed, presumably in the alternative, for, inter alia, a declaration of entitlement to half the value of the suit premises and compensation for improvements.…
Division and case type: CivilCivil Appeal
…Where a party has been deprived of land or movable property and receives a monetary award in compensation for the loss, the usual practice is to award interest from the date of such deprivation: (see Kimani v Attorney General…
Division and case type: CivilCivil Appeal
…With regard to the compensation under the Fatal Accidents Act, the learned judge lamented the paucity of evidence on which he could comfortably base an award.…
…But he thought the respondents should not be denied compensation only on that ground and that it was his duty to do the best he could with the available material.…
Division and case type: CivilCivil Appeal
…In the case of the sale of immovable property it is a great hardship to lose it, and damages are not usually a suitable compensation.…
…Damages not being a suitable means of compensation, then the first and third principles need to be considered.…
Division and case type: CivilCivil Appeal
…If a court awards compensation based on the net salary, it is presupposed that the employer will make the necessary deductions.…
Division and case type: CivilCivil Appeal
…First, it is compensation for consequential loss which is expressly excluded under the terms of the policy.…
Division and case type: CivilCivil Appeal
…The litigation between the parties began in the middle of November 1972 when M'Mbijiwe filed a plaint claiming an eviction order against M'Mukanya and Nyamu from Plot 58 Nkubu Market, Meru and compensation for wrongful damage…