Case law
Search tips: "exact phrase" · -exclude · land | property · negligen* · citations like [2023] KEHC 123
Division and case type: CivilCivil Suit
…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.…
Division and case type: Milimani Commercial CourtsCivil Case
…I am not convinced of that, and so the next question is whether the Applicant stands to suffer irreparable loss which cannot be compensated by an award of damages.…
…The Applicant has not demonstrated which irreparable loss, if any, she would incur that cannot be compensated by way of damages if the injunction is not granted.…
Division and case type: CivilCivil Case
…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.…
Division and case type: CivilCivil Case
…By Clause (V) the 2nd defendantherein relinquished its claim over the land and agreed toconfine its claim to damages. The maximum of the damages wasto be the valuation amount of the land, above.…
…True, it retains the right to claim damages. However, there are certain rights it has lost. It cannot be restored toposition it was in before the suit agreement. Estoppel is available against the plaintiff.…
Division and case type: CivilCivil Case
…DEFENDANT JUDGMENT The plaintiff Ali Juma Maingi sued his former employer Metal Box (K) Ltd claiming damages for the injuries he sustained as a result of being assaulted by one of his fellow co-employees, in the course of…
…I have considered the awards of damages in the various cases which were quoted to me, but each must be looked at from its own facts and circumstances.…
Division and case type: CivilCivil Case
…precious and semiprecious stones operating from Nairobi and has brought this suit against the defendant, Stephen Njoroge Wambari, a farmer who farms in the Trans Nzoia District of Kenya to recover both special and general damages…
…Accordingly the plaintiff claims special damages of Kshs 24,500 particulars of which are given in the plaint, and general damages the quantum of which is to be assessed by this court.…
Division and case type: CivilCivil Case
…Secondly, an interlocutory injunction will not normally be granted unless the applicant might otherwise suffer irreparable injury, which would not adequately be compensated by an award of damages.…
…Even if I was wrong in forming this view, I do not see that Hilton Hotel would be unable to meet any award of damages which may ultimately be made against it.…
Division and case type: Milimani Commercial CourtsCivil Case
…struck out on December 13, 1985 on the ground that it did not disclose any reasonable defence, was frivolous, vexatious and an abuse of the process of court and in the event this matter came before me for assessment of damages…
…case of New Munyu Sisal Estates Ltd v Attorney General (1972) EA 88, the court when dealing with the question of full compensation in a compulsory acquisition case held that if the land was not lawfully taken over, the damages…
Division and case type: CivilCivil Case
…The measure of damages suggested by Mr. Ransley, is, in my opinion, not the correct measure of damages in this case.…
…It is reminiscent of the normal measure of damages in contract which damages are intended to put plaintiff in the same position he would have been if the contract was in fact performed.…
Division and case type: CivilCivil Case
…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.…
Division and case type: CivilCivil Case
…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…
Division and case type: Milimani Commercial CourtsCivil Case
…The question of general damages is to be tried on vivo voce evidence at a date to be taken at the registry. Dated at Nairobi this 1st day of July 1996. A.G. RINGERA JUDGE…
Division and case type: CivilCivil Suit
…In the circumstances, what reasonable damages can the plaintiff be awarded?…
…On top of this is shs.600/= special damages for which an interlocutory judgment was entered on 8th October, 1984.…
Division and case type: CivilCivil Case
…defendants case was that the goods it was carrying belonged to known people who had hired the motor vehicle to transport the same from Nakuru District to NaAitr otbhie. trial of the suit a part from the issue of quantum of damages…
…That now leaves me with the question of general damages and costs.…
Division and case type: CivilCivil Suit
…& Co., Ltd., 91973) E.A. 358 it was held that an applicant must show a prima facie case with a probability of success and that the applicant might suffer irreparable injury incapable of being compensated by an award of damages…
Division and case type: Constitutional and Human RightsPetition
…The observations of Harman L.J in Re LHF Wools Ltd that if there was a cross claim like in this case damages for breach of contract, is just as if there were disputed debt.…
Division and case type: CivilCivil Case
…court was made on 1.12.89, that the decision of the Court of Appeal in the case of Hintz v Mwakima, (1982-88) 1 KAR 482, had held that a personal representative as opposed to a legal representative, could sue in Kenya for damages…
Division and case type: CivilCivil Case
…DEFENDANT J U D G M E N T The Plaintiff, Jane Wanja Mwangi, filed this suit against the Defendant, Nairobi City Commission praying for Judgment for " (a) Damages for wrongful dismissal, defamation and other benefits (b) Costs…
…of the suit (c) Interest on damages and Costs of the suit."…
Division and case type: CivilCivil Suit
…His remedy if he is unlawfully dismissed is in damages.…
…employee are dismissed he stands to lose his livelihood at least for sometime but that cannot be taken particularly in the circumstances of this case as an irreparable injury which cannot be compensated with an award for damages…
Division and case type: Anti-CorruptionCivil Suit
…Secondly, that unless granted an injunction he is likely to suffer injury incapable of adequate redress by an award of damages.…