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…But having looked and considered the compensation awarded for comparable or almost comparable injuries both before and after the date of the judgement, I think a fair and reasonable compensation should be within the 40,000…

…I would also accordingly reduce the compensation for pain, suffering and loss of amenities of life to that figure.…

…Not surprisingly therefore, no provision was contained in the agreement for the payment of interest on the compensation that fell to be paid or otherwise, where the appellant was in breach of the agreement.…

…And so, apart from the fact that a breach of the agreement by the appellant would not make him liable in addition to the agreed compensation payable by him under the agreement, to pay any interest on the amount of rental…

…The respondent accordingly put in a claim for compensation for the loss of his suitcase and its contents which he valued at a total sum of shs 126,260.…

…The court therefore held that the appellant was liable to compensate the respondent for the actual loss of his suitcase and its contents: he assessed the compensation in the sum of shs 36,000.…

…Substantial loss is that loss may not be made good by monetary compensation. And so, a party is bound to show what such loss is and why an award of damages will not be sufficient compensation.…

…The Court must assess the degree of the inconvenience, hardship, or embarrassment suffered and do its best to fix a monetary compensation.…

…Taking all the circumstance into account, I consider Kshs 40,000/= as reasonable compensation by way of general damages. Then there is the question of exemplary damages. These are damages awarded punitively.…

…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…

…I would not consider the stated losses to be of such a nature as would not be capable of compensation in damages should the temporary injunction not be granted.…

…The principles indicated in that case were that (1) the case has to have reasonable probability of success (2) that the injury likely to be suffered has to be incapable or unsuitable of monetary compensation and (3) that…

…They also stress the need for maintenance of status quo rather than monetary compensation as the courts should not act in vain and/or that their decisions should not be rendered nugatory in the course of the pendency of a…

…although not vitiated by any irregularity in publishing or conducting it, does not preclude anyone who sustains an injury, by reason of that irregularity at the hand of any other person, instituting a suit against him for compensation…

…, or (if such person is the purchaser) for recovery of the property and for compensation in default of its recovery.…

…In Words and Phrases Legally Defined, Vol 3 p 79, “interest” is defined as: “…….. the return or compensation for the use or retention by one person of a sum of money belonging to or owed to another.”…

…The compensation is in the form of interest. The argument raises fundamental questions.…

…She prayed for compensation as per her pleadings in court. As was rightly stated by the plaintiff in the counterclaim, the claims in the plaint or amended plaint were not proved against her.…

…city commission, one for grocery and the other in the name of the plaintiff’s daughter for gruel and cooked mixed vegetables. 3 The kiosk was constructed. 4 That part of the kiosk was demolished on September 8, 1983. 5 No compensation…

…In other words they are awarded in order to punish the defendant in an exemplary manner and not as a compensation to the plaintiff.”…

…He had also prayed, presumably in the alternative, for, inter alia, a declaration of entitlement to half the value of the suit premises and compensation for improvements.…

…The reliefs sought were for an injunction to restrain the appellants and the County Council and their agents, from occupying the land; for damages; and for compensation for the loss of use by the respondent of her land.…

…The reliefs were for an injunction to restrain the appellants and curiously, also the County Council and their agents, from occupying the land; for damages; and for compensation for the loss of use by the respondent of her…

…Where a party has been deprived of land or movable property and receives a monetary award in compensation for the loss, the usual practice is to award interest from the date of such deprivation: (see Kimani v Attorney General…

…With regard to the compensation under the Fatal Accidents Act, the learned judge lamented the paucity of evidence on which he could comfortably base an award.…

…But he thought the respondents should not be denied compensation only on that ground and that it was his duty to do the best he could with the available material.…

…house on the parcel of land but that after discussion with elders, it was decided that he transfers 0.1 acre of the suit to the applicant while the latter would transfer to him 0.1 acre of his land to the respondent as compensation…

…It has been submitted that damages shall be adequate compensation. My answer is that an offended party should not be forced to take damages in lieu of restoration into the premises.…

…In my view a figure of Kshs 150,000 would be fair compensation for loss of earning capacity.…

…In the case of the sale of immovable property it is a great hardship to lose it, and damages are not usually a suitable compensation.…

…Damages not being a suitable means of compensation, then the first and third principles need to be considered.…