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…General damages for pain suffering and loss of amenities were assessed to Kshs. 320,000/- on 15th November, 1994.…

…pain and loss of amenities at Kshs.500,000 proved special damages amount to Kshs. 3,000/-.…

…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.…

…(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.…

…Consequently there can be no separate award of damages to the plaintiff under paragraph 7, 8 and 9, and no award of general damages for defamation.…

…The result is that the plaintiff is entitled to general damages only for wrongful arrest, false imprisonment and malicious prosecution. For wrongful arrest I award the plaintiff damages of Kshs 1,000.…

…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.…

…It is a suit brought on behalf of the estate under Law Reform Act Cap 26 of the Kenya Laws claiming special damages and damages under Law Reform Act for the benefit of the estate and damages for loss of expectation of life…

…Damages: Special damages proved are: - (i) Death Certificate Kshs. 100.00 (ii) Broadcasting Kshs. 600.00 (iii) Coffin Kshs. 8,000.00 Sub Total Kshs.8,700.00 As to quantum, it is noted that the deceased died after sometime…

…The foregoing facts and a careful perusal of the pleadings reveals that the only outstanding issue is damages.…

…It may be argued that the question of damages is still outstanding. The damages sought here are for trespass. The Court has already decreed that the defendant is a trespasser.…

…An award for damages for pain and suffering before death istherefore unmerited.…

…Special damages in the sum of Kshs.51,618/- are well proved.…

…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.…

…The plaintiff pleaded an alternative claim under which he claims damages, punitive damages and general damages.…

…Whether the defendant is liable to plaintiff for loss and damages arising from the lease of the demised premises and so what is the quantum of the said damages? Who is liable to pay costs?…

…In Waiyunka v Bamburi Portland Cement Co Ltd, Mombasa HCCC 230/80 Muli, J awarded Kshs 12,000 general damages in 1980 for a fractured clavicle as a result of which the plaintiff was unable to follow his employment, unlike…

…Doing the best I can, and taking into account inflation, I make a global award of general damages in the sum of Kshs 15,000 in respect of pain, discomfort, loss of amenities, to include a nominal figure in respect of loss…

…If it is satisfied that although a cause of action is established and a clear prima facie case is shown any damages that can be suffered will be readily compensatable in damages.…

…Damages he implies would be illusionary. The inability of a defendant to pay damages would not of itself be sufficient ground for holding that the plaintiffs remedy might be illusionary or might be irreparable.…

…Following that finding of liability, the plaintiff set down the case for assessment of damages. This judgment is in that respectively.…

…The evidence concerning damages was that the plaintiff suffered loss of rents from January 1, 1993 to August 31, 1993 at the rate of Kshs.25,000/= per month, so that in all he lost Kshs.20,000/= over that period of time,…

…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…

…, namely, special damages.…

…The orthodox statement of the law, is that special damages must be strictly proved.…

…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.…

…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…

…(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 in addition filed a counterclaim repeated the contents of the defence and claiming damages. Damages for breaches such as are alleged can only be special damages and they must be pleaded and proven.…