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…PLAINTIFF VERSUS INTERNATIONAL AGRICULTURE ENTERPRISES LTD & ETCO (MSA)LIMITED…………………………………… DEFENDANTS RULING The action herein was for damages based on demurrage of a motor vessel “Penny S”.…

…The damages were liquidated at Kshs132,508/=. Pleadings closed normally and directions on a summons were given. By May, 1983 the suit was ready for trial.…

…KENYA PORTS AUTHORITY.............................DEFENDANT RULING The plaintiff herein alleged in his plaint that he was so unlawfully dismissed from his employment with the defendant that he should be awarded compensatory damages…

…The plaintiff therefore claims general damages plus special damages in the sum of Kshs 51,527 being medical expenses, transport charges, rent of shop, salary to staff and loss of profit.…

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

…At the time of the assessment of the damages it was proved that although the fractures had united he complained of pain on the right side and had problems in lifting weights.…

…He was awarded Shs 30,000/= as general damages for pain, suffering and loss of amenities.…

…The plaintiff therefore claims general damages plus special damages in the sum of Kshs 51,527 being medical expenses, transport charges, rent of shop, salary to staff and loss of profit.…

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

…In total she claimed shs.40,100/= special damages.…

…On special damages I find shs.22,900/= supported by exhibits. The balance 17,200/= is also said to be funeral expenses receipts of which were not produced but said to have been lost at the funeral.…

…No special damages were proved and no general damages were proved beyond the cost of repairs which the tenant had met. Appeal dismissed. Cases No cases referred to. Statutes No statutes referred.…

…In our opinion, there is no legal liability on the respondent to pay any damages beyond this.…

…He went on to award the respondent Kshs 29,320 as special damages, and a total of Kshs 786,600 by way of general damages, made up as follows: 1. Kshs 450,000 for pain and suffering and loss of amenities of life. 2.…

…They were an actual loss and must be proved as part of the special damages.…

…Special damages were also agreed at Shs.1,150/-. 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.…

…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 defendants have accepted their full liability for the negligence which resulted in the collision and so this case comes to me solely for assessment of damages to be paid to the plaintiff as compensation for the injuries…

…In their submissions both counsel have referred me to various cases as guide for damages. But there can be no denying that each case must be decided on its particular and peculiar facts.…

…It should however be noted that the claim for damages was not before the Tribunal.…

…That was an item of special damages which was supposed to but was not specifically pleaded. It cannot be treated as part of general damages in light of the fact that it is specific.…

…It was not disputed between the parties that the plaintiffs hopes of winning substantial damages against the defendant were dashed when Shields J ruled that he could only win nominal damages in respect of the action.…

…This ruling has tremendously weakened the plaintiff’s claim in the suit and at the end of the day the claim for the anticipated nominal damages may be lost.…

…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/-.…

….….PLAINTIFF VERSUS CHARLES KENNEDY WANYA FRANCIS ONSERIC ……………………………………..RESPONDENTS JUDGMENT This is the plaintiff’s claim against the defendant for damages for the personal injuries which she suffered when she and the…

…So I find the defendants fully liable to pay damages to the plaintiff.…

…Each plaintiff had to incur an expense of Kshs 705 for medical attention which amounts they claim as special damages. They also claim general damages for assault and costs of this suit.…

…The court therefore holds that the two plaintiffs were unlawfully assaulted by the first two defendants and they are therefore liable in damages.…

…He found that the company could be adequately compensated in damages by the Bank and KCFC if the company succeeded in proving its claims in the trial of the action.…

…The damages were quantifiable and the Bank and KCFC had the assets to cover them.…

…He found that the company could be adequately compensated in damages by the Bank and KCFC if the company succeeded in proving its claims in the trial of the action.…

…The damages were quantifiable and the Bank and KCFC had the assets to cover them.…

…The Defendant is accordingly liable to the Plaintiff in damages for that negligence.…

…Accordingly I award to the Plaintiff Shs.3,800/- as special damages. In the event, I now enter judgment for the Plaintiff against the Defendant as hereunder:- 1. General Damages for loss of dependency ……………….…

…By this action he seeks to recover damages from the defendant.…

…In a judgment which was delivered on the 14th November 1989 the plaintiff was awarded Shs. 200,000/=; as general damages for pain, suffering and loss of amenities.…