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…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.…

…REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI CIVIL SUIT NO 2552 OF 1987 JAMES MUTULU OKUNNE ………………………………… PLAINTIFF VERSUS NZOIA SUGAR COMPANY LTD & ANOTHER….............DEFENDANTS JUDGMENT This is a suit for general damages…

…In the event that I am wrong in the conclusions I have come to above, had the plaintiff became successful I would have assessed damages at Kshs 50,000 for malicious prosecution considering that the prosecution was conducted…

…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 ……………….…

…The company did not in any event breach the purported contract, and that even if it did, which is denied, the quantum of the alleged damages or loss suffered by the petitioner had to be specifically proved.…

…It is not for the petitioner to put forward a figure and assess its own damages. I am with the Respondent company in this submission. It is for the court to determine the figure of damages.…

…(c) The Plaintiff’s suit will rendered nugatory if no orders are granted as the 1st Defendant is domiciled overseas and damages will not be an adequate remedy.…

…The 1st Defendant’s freedom to retain or terminate the contract was therefore left intact even though such a termination would be at the pain of paying damages for any breach of contract.…

…He therefore prays for a permanent injunction to restrain him by himself, his servants or agents from stepping on the land; general damages for trespass to be assessed by this court; mesne profits to be determined by this…

…court; special damages of Kshs 6000/-; exemplary damages, costs and interest.…

…The plaintiffs are asking for Judgment against the defendant for:- (a) shs. 27,200 (b) General Damages (c) Costs of this suit (d) Such further or alternative relief as this Honourable Court may deem fit to grant.…

…There is no basis for general damages since the agreement was not enforceable for want of consent of the relevant Land Control Board.…

…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.…

…(c) an order that the plaintiffs be restored to the possession of L.R. no 209/8258 forthwith (d) general damages (e) costs of the suit.…

…This is the level of damages they are entitled to. Damages would therefore be an adequate remedy. I bear in mind that as at this stage the only evidence I have is by way of affidavits and annextures.…

…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.…

…To lose the subject motor vehicles when it may turn out that no arrears are owed would in my view occasion to the plaintiff an injury which cannot be adequately compensated by damages.…

…Loss of reputation is not always compensatable by an award of damages.…

…the leading case of GEILLA –vsCASSMAN BROWN [1973] E.A. 358, VIZ: 1) The Applicant must establish a prima facie case with a probability of success, 2) The Applicant must demonstrate that he stands to suffer irreparable damages…

…not capable of compensation in damages 3) On the balance of convenience Applicant must show he is entitled to the injunctive orders.…

…Issue No.4: Did the Plaintiff suffer loss and damages asparticularized in paragraphs of the Plaint? I find that the Plaintiff may have suffered loss and damagebut proof of such loss is strict.…

…As this was dispensed with actualproof of loss and damages should have been given on oath by thePlaintiff. He failed to do so.…

…Instead of Coast Hauliers however claiming damages from Awadh Mahrus, a Limited Company called Highway Carriers Ltd made that claim and is in fact one of the co-plaintiffs in this suit.…

…I hence find as a fact that at no time have Coast Hauliers claimed any damages from the defendant and that Highway carriers Ltd were in no way involved in the carriage of the 125 drums.…

…The plaintiff is entitled to Pain, Suffering and loss of amenities under the head of General Damages of Ksh.150,000/- as reasonable. The case of Charles Sunguti v.…

…That General damages for Pain, Suffering and Loss of Amenities as assessed at Ksh.150,000/-. I make no award for Special Damages as no proof to this has been given.…

…There is a further claim of general damages. Plaintiff’s evidence disclosed that by an agreement dated 20.11.85 (Ex1) defendant agreed to sell motor vehicle Reg No KWJ III to plaintiff at a price of Shs 220,000.…

…I could not have held defendant liable to pay general damages with regard to the interest charged on the loan obtained by plaintiff from KFC.…

…It was averred n behalf of the defendant that the claim for damages lay against Amrik Singh and not against the defendant.…

…Finally I must decide what damages I would have awarded to the plaintiff if he had been successful.…

…In the alternative, the plaintiffs sought damages for their unlawful expulsion.…

…that if the plaintiffs have shown on a balance of probabilities that they have a prima facie case with a probability of success and that they will suffer irreparable injury that cannot be compensated for by the award of damages…

…Secondly, an interlocutory injunction will not normally be granted unless the applicant might otherwise suffer irreparable injury, which would no adequately be compensated by an award of damages.…

…In short, interlocutory injunctive relief will be available only to either those with demonstrable legal or equitable rights in danger of violation or which have actually been violated in situations where damages would be…