Case law
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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 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 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 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 Case
…PLAINTIFF VERSUS APOLLO BWONYA ORODHO RINAH ORODHO BWONYA EDWARD CHARLES OHARE ………………DEFENDANTS JUDGMENT This is a suit for equitable remedies of injunction and declaration, and, also, for general damages based on an act…
…It cannot be treated as part of general damages in light of the fact that it is specific. The plaintiff did not in any case indicate in her evidence, nor did her son, the amount they spent in that regard.…
Division and case type: CivilCivil Case
…Mrs Adogo has asked me to award Shs 500,000/= as general damages for pain, suffering and loss of amenities.…
…General damages for pain, suffering and loss of amenities were assessed at Shs 1,000,000/-” I agree with Mrs Adogo that the injuries suffered by the plaintiff in the cited case were far graver though somewhat comparable to…
Division and case type: CivilCivil Case
…Court awarded shs 170,000/- general damages in November 1988 (2 years ago).…
…I would assess general damages at shs 180,000/- less shs 4,500/- already paid making the award at shs 175,500/-.…
Division and case type: CivilCivil Case
…damages for loss of amenities, pain and suffering.…
…Doing the best as I can, after taking into account all the various authorities cited as well as all the circumstances of the case, I would say that a reasonable, and fair award for general damages for loss of amenities, pain…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Suit
…As a result the plaintiff suffered from chronic pain in the joint and weakness of the right hand producing permanent incapacity of about 40%.In a judgment which was delivered on the 11th July 1989 Butler-loss J, assesed general…
…damages at Shs. 250,000/=.It is undoubtedly clear that this case has significant comparable features to the present case especially with regard to the wrist injury.…
Division and case type: CivilCivil Case
…He instituted the suit for general damages for that alleged dismissal in addition to other reliefs which are listed in the plaint.…
…So much so that even if the defendant had failed to file its defence after being served with summons, it would be necessary for a formal proof of the claim for general damages to be done before a final decree could be entered…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Case
…They also claim general damages for assault and costs of this suit. There claims are joint and several against the three defendants. The defence is two-fold.…
…Finally, this witness told the court that with regard to the deceased Abdi he arranged for a suit to be filed in the name of his widow (HCCC 327/ 78) and that the case was settled and the Attorney General paid damages to…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Case
…the plaintiff's side would be happy with one hundred per centliability to be borne by the defendants otherwise it could fairly be apportioned at ninety five per cent for the defendants and five per cent to the plaintiff General…
…damages were put atShs.800,000/= citing the cases of; NGWE MWALILI VS KELI HCCC 3217/89 MISHACK OLANG VS GOW1 HCCC 2371/90 & PATRICK KANGUNDU VS.…
Division and case type: CivilCivil Case
…Court awarded shs 120,000/= general damages in July 1989.…
…General damages for fractureof the right femur and residual incapacity………………………………………………..shs 150,000= 2. General damages for extensive scarring ............………………………………………………..….shs 100,000= 3.…
Division and case type: CivilCivil Suit
…General damages: I have already held that the defendantdeliberately created difficult conditions for the plaintiff andturned round and used them to dismiss him. it is the defendantwho was in breach of the contract of employment…
…Shs. 9,200/ (3) General damages................... Shs.53, 275/- With interest from the date of this judgment/ There will be judgment for those figures and costs of the suit.…
Division and case type: CivilCivil Case
…The Plaintiff claims damages, both general and special for herself under the Fatal Accidents Act and the Law Reform Act, though this is not stated anywhere in the plaint.…
…General Damages for loss of dependency ………………. Shs.120,000.00 2. General Damages for loss of expectation Of life ………… Shs. 75,000.00 3.…