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…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…

…General damages are not recoverable. In the result, this appeal is allowed, the judgment and decree of the Resident Magistrate is set aside and substitute therefor an order dismissing the respondent’s claim with costs.…

…The appeal is therefore on quantum of general damages and date of conversion of the Italian Lira in respect of the special damages awarded by the superior court in foreign currency.…

…Turning now on ground two (2) of appeal, Mr Kasmani attacked the award of general damages (Kshs 250,000/-) as low and therefore erroneous.…

…He also awarded general damages in the sum of shs 3,000. It is the above findings that have prompted this appeal.…

…(4) Was there any basis for the trial courts’ award of general damages?…

…damages for mental anguish and apprehension of possible arrest for being illegally in Kenya or working without a work permit.…

…He also made submissions for an award of general damages for mental anguish and apprehension of possible arrest.…

…He also assessed the general damages at Kshs 786,600. Add these two sums and the result is Kshs 833,512.…

…The loss of promotion prospects the judge said must form part of the general award for damages.…

…In my own judgment, therefore, I would award him a sum of Shs 750,000/= as general damages for pain, suffering and loss or amenities, on top of which I would add Kshs 13,050/=, being special damages and enter judgment for…

…damages for pain, suffering and loss of amenities.…

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

…Mr Onyinkwa insisted that the item for the loss of hire which the appellant claimed fell into the category of general damages. I say unhesitatingly that he was wrong in his submission.…

…There was also a claim for general damages.…

…The memorandum of appeal contains 14 grounds of appeal but looking at them closely the appellant's complaints relate to: (1) The sum of shs.1,080,000/- awarded as general damages for loss of business. (2) Shs.60,000/- for…

…The plaintiff’s claim is that he has suffered loss and damage and, therefore, he claims general and special damages.…

…Also that the appellant’s evidence was shut out in that he was not allowed to produce cards which documents were relevant to the plaintiff’s claim of general 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 agreed general damages for pain and suffering and loss of amenities was £120,000.…

…General damages for pain and suffering and loss of amenities was in December 1982 assessed at £50,000.…

…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/=.…

…I entirely agree that the learned judge’s award of Kshs 10,000 by way of general damages was manifestly too low.…

…For the reasons he gives the award of general damages could be increased to Kshs 80,000.…

…No general damages are payable for dismissal of a servant. In the end result we dismiss this appeal with costs. Dated and delivered at Nairobi this 1st day of March, 1996. R. O. KWACH ………………………. JUDGE OF APPEAL P.K.…

…Theplaintiffs still claimed general damages injunction and costs. But they did not claim any special damages. The defendant filed an elaborate amended defence to the amended plaint.…

…Dhanji took a preliminary point to the effect (as far as can be made out from the notes made by the learned judge) that there can be no claim for general damages for inducing a breach of contract and that special damages…

…Counsel thought that a sum not in excess of Shs 50,000/- would suffice as general damages if his arguments do not prevail with the Court.…

…I am bearing that circumstances in mind in my assessment of general damages.…

…The respondent commenced proceedings in the superior court for damages for breach of contract, specific performance of the contract by execution of all necessary documents, general damages, exemplary damages, interests and…

…The applicant seeks an order for stay of execution of the interlocutory judgment in the sum of shs. 11,800,000/- as well as setting down the suit for hearing by way of formal proof for assessment of general and exemplary…

…That now leaves me with the question of general damages and costs.…

…So the plaintiff prays for judgment for that sum as general damages.…

…He then proceeded to award the respondent general damages of Shs. 35,000/- for pain and suffering. Dissatisfied with this decision, the appellant appeals to this court and puts forward seven grounds of appeal.…

…In regard to general damages, counsel was of the view that the award by the lower court was modest and that this court should not interfere with it.…