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…On May 14, 1985 an interlocutory judgment was entered against both the defendants with a sum of Kshs 450 together with interest for special damages.…

…The damages that I am required to assess are therefore only in respect of pain and suffering and the injury of the double fracture of the right femur.…

…DEFENDANT JUDGMENT The case before me is for damages on injuries sustained in a motor vehicle accident by the Plaintiff. I say so because the circumstances are indeed most strange.…

…In the event that the plaintiff ought to have been awarded damages I would hold out that he substantially contributed to his negligence at a ratio of 50% to 50%.…

…1982 DR SAMUEL MMBBURU………………………………………………..PLAINTIFF AND NDERITU NJUGUNA & 3 OTHERS……………………………………DEFENDANT JUDGMENT The plaintiff Dr Samuel Mburu (P W 1) brings this suit against the defendants seeking special and general damages…

…When the case came up for hearing on the 25th January 1984 the advocates for all the parties had agreed on the quotum of damages and hence the following consent order was recorded by this court.…

…It was agreed between the learned counsel for the parties that the issue No 2 in the draft issues annexed to the summons for direction be argued first in order that the claim for general damages in the plaint could be determined…

…use trade marks and other rights for a period of 10 years from 11th November 1983 or was the agreement on its true construction a licence at will which could be terminated at any time by the defendant without penalty or damages…

…The first claim amounts to a sum of over 12 Million shillings damages.…

…The damages alleged is not physical injuries to a person or property, it is “economic loss” only.…

…I award for the head of damages of pain, Suffering and Loss of Amenities at Kshs.100,000/-. Special Damages I would agree that only Ksh.6,800/- was proved.…

…I award in summary General Damages i) Pain, Suffering & Loss of Amenities Ksh.100,000/- ii) Loss of dependency Ksh.140,000 (apportioned as above) iii) Special Damages Ksh. 6,800/- Total Ksh.246,800/- 85% of 246,800 Ksh.204,000…

…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.…

…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.…

…What the defendants really are disputing is the claim for general damages and exemplary damages.…

…The plaintiff in her pleading prayed for general damages. It is in the course of the hearing that the question of exemplary damages arose.…

…The plaintiff is therefore entitled to damages. There is no rule of thumb covering the assessment of damages in cases of this nature.…

…So that the defendant’s action entitled the plaintiff to damages. What is the measure of damages?…

…I have taken all that into account and in my judgment I make an award of Kshs 450,000/= general damages for pain suffering and loss of amenities.…

…Special damages including loss of earnings amount to Kshs 256,200/=.…

…The first claim amounts to a sum of over 12 Million shillings damages.…

…The damages alleged is not physical injuries to a person or property, it is “economic loss” only.…

…The plaintiffs also sought exemplary damages for trespass, illegal distress, assault and malicious damage to property to be quantified.…

…No reply to the amended defence was filed, and by a request for judgement dated 16th June, 1997, the 1st defendant requested for an interlocutory judgement for Kshs.864,220/= general and exemplary damages and costs and interest…

…Special Damages had not been proved. None of the advocates relied on any case law before me to prove their case.…

…In summary General damages Pain, Suffering and Loss of Amenities Ksh.200,000/- Future Medical treatment Kshs.450,000 Total Kshs.650,000/- I hereby enter judgment of the plaintiff for General Damages at 100% liability at Kshs…

…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,…

…Plaintiffapparently claims damages under Law Reform Act and Fatal Accidents Actalthough he does not specifically plead so.…

…Plaintiff gave evidence generally relating to personal lifeof the deceased and the damages he was claiming.…

…Further still, if the sale was unlawful the plaintiffs pray for damages arising thereunder.…

…I do not consider it appropriate to address myself to the issue of whether or not the sale was null and void or that the plaintiffs are entitled to damages for unlawful sale.…

…So both claim damages. Although the defendants were served, neither entered appearance.…

…Accordingly, on October 17, 1984, the Registrar, sitting in chambers, entered judgment against them for the special damages claimed and also gave interlocutory judgments for damages.…

…The plaintiff has proved that his dismissal was unlawful and he is therefore entitled to damages. Counsel for the plaintiff has put out a formula upon which he wants the damages due to the plaintiff assessed.…

…I am of the view that the damages he is entitled to as claimed is the two months salary in lieu of notice which amounts to 2,581.95 shillings special damages plus a sum of 3572/85 worked out on a salary of three months when…