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…The appellant appealed against the award of damages based on the memorandum of appeal dated 7th August 2018 on two grounds.…

…He submitted that in the event that the damages were awarded, this was a proper case for nominal damages. 5.…

…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.…

…Consequently there being no defence, judgment was entered as prayed in the plaint, but damages were to be assessed later.…

…Mr Commissioner Sampson calculated the damages as amounting, in all, to Shs 71,312/-, in accordance with the findings of Mr Justice J.S.Patel.…

…I agree with the defence submission that no special damages were pleaded in the plaint and as such no such special damages can be awarded.…

…He must therefore have suffered substantial damages for which he should be adequately compensated.…

…As regards damages, in the event of the court allowing the appeal he submitted that they should not even come to Kshs 10,00.…

…I return to the aspect of the quantum of damages.…

…The agreed general damages for pain and suffering and loss of amenities was £120,000.…

…The damages awarded under this head in the past judgements are between Shs. 300,000 and Shs. 600,000. The damages Cockar J. awarded under this head was in excess and outside the bracket of decisions of this court.…

…General damages were assessed at Kshs 300,000.00.…

…The court assessed general damages as Kshs 250,000/-.…

…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.…

…specifically proved special damages for Kshs. 35,984/= and the same is hereby awarded.…

…Murunga Ndanyi & Others Civil Appeal No. 192 of 1992, Special Damages must be pleaded specifically. According to Mary Mukiri v.…

…There is no appeal before us against liability as judgment on liability was entered by Consent and the suit proceeded only on assessment of damages.…

…Giving the best consideration to this aspect of the case, we thing that the figure of general damages for pain, suffering and loss of amenities should be reduced by one-half to shillings 600,000/=.…

…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.…

…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.…

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

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

…There is a claim for special damages as well as general damages.…

…In these circumstances I would hold that the appellant has failed to prove anything in the nature of special damages. He is in judgment entitled to damages by way of general damages only.…

…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…

…Njuguna’s main argument simply is that when damages are an adequate remedy and that when mode of calculating such damages is agreed, the court ought to consider that damages are an adequate remedy.…

…Njuguna took exception to there being no undertaking as to damages given by the respondent should she not succeed eventually.…

…NO. 114 OF 1992) ************************** JUDGEMENT OF THE COURT This is a second appeal from the decision of the Resident Magistrate’s Court in Nairobi by which the respondent was awarded Shs.85,000/- as general damages…

…In a claim by an employee against his employer for damages for wrongful dismissal, such damages are limited to the amount the employer would have been obliged to pay if he had brought the contract to an end in accordance…

…The judge decided to proceed with the assessment of damages.…

…The judge did not accomplish the task he set out to do; he did not asses damages.…

…There is no appeal before us against liability as judgment on liability was entered by Consent and the suit proceeded only on assessment of damages.…

…Giving the best consideration to this aspect of the case, we thing that the figure of general damages for pain, suffering and loss of amenities should be reduced by one-half to shillings 600,000/=.…

…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.…