Search court decisions

…General damages were assessed at Kshs 300,000.00.…

…The court assessed general damages as Kshs 250,000/-.…

…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.…

…Turning now on ground two (2) of appeal, Mr Kasmani attacked the award of general damages (Kshs 250,000/-) as low and therefore erroneous.…

…Later the plaintiff filed an amended plaint in which he still claimed for general damages, costs of the suit and any other relief which court may deem necessary to grant.…

…In the circumstances and doing the best I can, an award of Kshs 250,00/- in general damages would meet the ends of justice.…

…In a suit filed in that Court on 21st January 1992 the plaintiff, now the respondent, claimed from the defendant, now the appellant, both general and special damages for breach of contract.…

…Then the learned Resident Magistrate went on to say on general damages that he considers the degree certificate as a very important document where the plaintiff’s family has a living from.…

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

…Also that the appellant’s evidence was shut out in that he was not allowed to produce cards which documents were relevant to the plaintiff’s claim of general damages.…

…I entirely agree that the learned judge’s award of Kshs 10,000 by way of general damages was manifestly too low.…

…For the reasons he gives the award of general damages could be increased to Kshs 80,000.…

…Counsel thought that a sum not in excess of Shs 50,000/- would suffice as general damages if his arguments do not prevail with the Court.…

…I am bearing that circumstances in mind in my assessment of general damages.…