Case law
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Division and case type: CivilCivil Appeal
…The appellant complains that the compensation awarded him was wholly inadequate and was based on incorrect principles and invites us to increase it.…
…The learned judge put at the forefront of the appellant’s entitlement to compensation, what he called his “loss of dignity”. It is not entirely clear what the judge meant by this.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Case
…The defendants have accepted their full liability for the negligence which resulted in the collision and so this case comes to me solely for assessment of damages to be paid to the plaintiff as compensation for the injuries…
…All that judges and courts do is to award sums which must be regarded as giving reasonable compensation. In the process there must be an endeavour to secure some uniformity in the general method of approach.…
Division and case type: CivilCivil Appeal
…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…
Division and case type: CivilCivil Case
…In the alternative, the defendant avers that he has had already paid agreed compensation to the plaintiff. The plaintiff filed a reply to the defence and denied that she has received any compensation.…
…Has the defendant paid mutually agreed compensation to the plaintiff in full and final settlement? 6. What is the order as to costs?…
Division and case type: CivilCivil Case
…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.…
Division and case type: CivilCivil Case
…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.…
Division and case type: CivilCivil Suit
…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.…
Division and case type: CivilCivil Case
…The medical evidence shows that the plaintiff’s complaints for which he is justified in seeking compensation are loss of the right leg and the consequential inability to work or use the leg.…
…The evidence from the Ministry of Labour, Mombasa: It was given by Mr Francis Gitau who is incharge of workmen’s compensation.…
Division and case type: CivilCivil Case
…performance of his duties the plaintiff had totally fallen from grace by accepting bribes from those candidates he interviewed for jobs and so did not deserve to continue in his employment and they should not be ordered to pay compensation…
Division and case type: CivilCivil Case
…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.…
Division and case type: CivilCivil Case
…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…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Case
…It is only by adding up the awards in both cases cited by Mr Ringera that one gets roughly closer (if that is possible) to “compensation which would give the injured reparation for the wrongful act and for all the material…
Division and case type: CivilCivil Case
…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.…
Division and case type: CivilCivil Suit
…Mr A M Nathwani, one of the partners of Tononoka Haulage Contractors testified that that firm compensated the ultimate consignee for the loss thus sustained and in its turn deducted the amount of the compensation thus paid…
Division and case type: CivilCivil Case
…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.”…
Division and case type: CivilCivil Appeal
…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…
Division and case type: CivilCivil Appeal
…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.…