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…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.…

…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.…

…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.…

…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 defendant filed two affidavits with the object of obtaining leave to defend and made allegations that the lease had been obtained by fraud and that she had a claim for damages for disrepair against the plaintiffs.…

…On appeal to the then Court for Eastern Africa, it was held by Newbold, P and Duffus, AG V-P that the allegation that the premises were defective and that there was a reasonable claim for damages raised a triable issue; as…

…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.…

…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…