Case law
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Division and case type: CivilCivil Suit
…This matter is therefore before me only for the assessment of general damages. The applicant gave evidence as to how he came to sustain the injuries that he now seeks to be compensated for.…
…I therefore enter judgment for the plaintiff in the following terms: a) General damages Kshs 40,000 b) Specific damages Kshs 450 c) Costs of the suit d) Interest on the above at 12% as from the date of the judgment.…
Division and case type: CivilCivil Case
…The defendants admitted liability and hence the only issue before the court is quantum of general damages since special damages have also been agreed at Kshs 8,650.…
…I agree with Mr Mwaura for the plaintiff and Mr Muchui for the defendants that damages in this case should be under the following heads: (1) General damages for pain, suffering and loss of amenities of life. (2) General damages…
Division and case type: CivilCivil Appeal
…25, 1991 Gachuhi,Masime JJ A & Omolo Ag JA Civil Appeal No 144 of 1990 Kenya Breweries Ltd v Saro (Appeal from a Judgment and decree of the High Court at Mombasa, Githinji J, dated 21st May 1990 in HCCC No 602 of 1987) Damages…
…- general damages - claim for damages under the Fatal Accidents Act (cap 32) - father claiming damages for the death of six year old child - whether father entitled to such damages in the absence of evidence of any pecuniary…
Division and case type: CivilCivil Case
…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…
Division and case type: CivilCivil Case
…General damages for pain suffering and loss of amenities assessed at Kshs 150,000/-.…
…General damages for pain suffering and loss of amenities assessed at Kshs 100,000/=.…
Division and case type: CivilCivil Case
…General damages were assessed at Kshs 300,000.00.…
…The court assessed general damages as Kshs 250,000/-.…
Division and case type: CivilCivil Case
…The first case is that of Saidi Abdalla v Ocean Freight Co Ltd & another HCCC No 309 of 1984 (Msa) is one where an award of Shs 55,000/= as general damages were awarded to a 39 year old labourer who had suffered a partial…
…He was awarded Shs 30,000/= as general damages for pain, suffering and loss of amenities.…
Division and case type: CivilCivil Appeal
…The only question raised in this appeal was whether the general damages for pain, suffering and loss of amenities awarded to Robert Msioki Kitavi, the appellant, should be increased.…
…The only issue was the quantum of damages, special and general, the respondent should pay the appellant.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Case
…General damages for pain suffering and loss of amenities were assessed at kshs. 440,000/- on 26th April, 1993. The second is HCCCNO. 528 of 1991 MOMBASA SEVILE MWANYALO MZEE -vABEID MOHAMED KHARIER & ANOTHER.…
…General damages for pain suffering and loss of amenities were assessed to Kshs. 320,000/- on 15th November, 1994.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Case
…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. A medical report by Mr.…
…Justice Wambilyangah awarded Otieno shs.125,000/- as general damages and this was on the 4th March, 1992, that is some three months ago.…
Division and case type: CivilCivil Suit
…Later the plaintiff filed an amended plaint in which he still claimed for general damages, costs of the suit and any other relief which court may deem necessary to grant.…
…In the circumstances and doing the best I can, an award of Kshs 250,00/- in general damages would meet the ends of justice.…
Division and case type: CivilCivil Appeal
…The only question raised in this appeal was whether the general damages for pain, suffering and loss of amenities awarded to Robert Msioki Kitavi, the appellant, should be increased.…
…The only issue was the quantum of damages, special and general, the respondent should pay the appellant.…
Division and case type: CivilCivil Case
…The court therefore now proceeds to assess general and special damages. First the special damages.…
…With regard to general damages for pain, suffering and loss of amenities the plaintiff had to spend over a week in the hospital.…
Division and case type: CivilCivil Appeal
…He prays for the special damages, general damages and cost and interest of the suit. 4.…
…In his submissions, the Claimant prayed for general damages of Kshs 3,000,000.00.…
Division and case type: CivilCivil Appeal
…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?…
Division and case type: CivilCivil Appeal
…In a suit filed in that Court on 21st January 1992 the plaintiff, now the respondent, claimed from the defendant, now the appellant, both general and special damages for breach of contract.…
…Then the learned Resident Magistrate went on to say on general damages that he considers the degree certificate as a very important document where the plaintiff’s family has a living from.…
Division and case type: CivilCivil Suit
…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…
Division and case type: CivilCivil 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…