Case law
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Division and case type: CivilCivil Case
…Court awarded shs 120,000/= general damages in July 1989.…
…I would assess general damages at shs 100,000/=. No evidence was led to prove the special damages claimed. But there is no doubt that the plaintiff was examined twice by Mr Rasik Patel who prepared to medical report.…
Division and case type: CivilCivil Suit
…case with a probability of success; secondly, an interlocutory injunction will normally be granted unless the applicant might otherwise suffer irreparable injury, which would not adequately be compensated by an award of damages…
…Being of that bent of mind, I regard any discourse as to whether the breach of the Plaintiff’s right could be compensated for in damages as an academic one ill befitting a court of law.…
Division and case type: CivilCivil Case
…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…
Division and case type: CivilCivil Case
…There is no doubt that in England one who is entitled on similar provisions of the statute to bring an action to recover, treble the damages where rescue has been effected, as in this case.…
…that upon any pound-breach or rescous of goods or chattels detrained for rent, the person or persons grieved thereby shall, in a special action upon the case for the wrong thereby sustained, recover his and their treble damages…
Division and case type: CivilCivil Suit
…In any case, I have reason to doubt their capability to pay any substantial damages to the Respondent if the sugar in question can be released to the 3rd parties.…
Division and case type: CivilCivil Suit
…In any case, I have reason to doubt their capability to pay any substantial damages to the Respondent if the sugar in question can be released to the 3rd parties.…
Division and case type: CivilCivil Case
…In the plaint the plaintiff claims damages for breach of contract by the defendant.…
Division and case type: CriminalCriminal Appeal
…The damages to the complainants vehicle are all on the right hand side which shows that the appellant’s story was more acceptable. The complainant is said to have paid Kshs 1,000.00 to the appellant as compensation.…
Division and case type: CivilCivil Suit
…General damages: I have already held that the defendantdeliberately created difficult conditions for the plaintiff andturned round and used them to dismiss him. it is the defendantwho was in breach of the contract of employment…
…Shs. 9,200/ (3) General damages................... Shs.53, 275/- With interest from the date of this judgment/ There will be judgment for those figures and costs of the suit.…
Division and case type: CivilCivil Case
…DEFENDANTS JUDGMENT By this action the plaintiff seeks to recover from the defendants damages for the personal injuries which he suffered when the upper wall of the pit in which he was working in the course of his employment…
…Issue of the quantum of damages: The plaintiff was aged 28 years at the time of the injury. He was a robust man and that is the reason why he was selected for this particularly hazardous work.…
Division and case type: Constitutional and Human RightsJudicial Review
…Counsel further submitted that the Petitioner had admitted that it is not in possession of the suit properties, thus there is no irreparable harm to be suered that cannot be compensated by way of damages (Christopher Chepkiyeng…
…Kogo Vs Frank Kimeli Tenai (2018) eKLR provides an explanation for what is meant by irreparable injury and it states that: “Irreparable injury means that the injury must be one that cannot be adequately compensated for in damages…
Division and case type: CivilCivil Appeal
…Counsel further submitted that the Petitioner had admitted that it is not in possession of the suit properties, thus there is no irreparable harm to be suered that cannot be compensated by way of damages (Christopher Chepkiyeng…
…Kogo Vs Frank Kimeli Tenai (2018) eKLR provides an explanation for what is meant by irreparable injury and it states that: “Irreparable injury means that the injury must be one that cannot be adequately compensated for in damages…
Division and case type: CriminalCriminal Appeal
…S. 339(1) Penal Code under which the appellant was charged reads in pertinent parts: “Any person who willfully and unlawfully destroys or damages any property is guilty of an offence.…
Division and case type: CivilCivil Case
…By the plaint dated 25th June 1990 the applicant was sued by the respondent for damages for personal injuries which the respondent alleged to have sustained when the employees of the Council “brutally assaulted the plaintiff…
Division and case type: CriminalCriminal Case
…What this court can properly do, however, is to take proceedings under section 72 (6) of the Constitution and award damages to an offended party.…
Division and case type: CivilCivil Case
…MINGIRE……………………PLAINTIFF VERSUS ATTORNEY GENERAL……………………………DEFENDANT JUDGMENT The plaintiff, Moses Waithanji Mingire, a retired police officer, and presently a farmer and businessman, brought action by plaint, claiming damages…