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 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 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
…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 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…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Case
…In Nbi HCCC No 770 of 1984 Appollo Mariika v Kenya Railways Corporation an award of Kshs 380, 000/= was made in terms of general damages for pain and suffering and loss of amenities to the plaintiff whose leg was amputated…
…I have taken all that into account and in my judgment I make an award of Kshs 450,000/= general damages for pain suffering and loss of amenities.…
Division and case type: CivilCivil Case
…I award in summary General Damages i) Pain, Suffering & Loss of Amenities Ksh.100,000/- ii) Loss of dependency Ksh.140,000 (apportioned as above) iii) Special Damages Ksh. 6,800/- Total Ksh.246,800/- 85% of 246,800 Ksh.204,000…
…Net Ksh.204,000/- Special damages Net Ksh. 5,780/- Net Total Ksh.209,780/- I award the cost of this suit and interest on General Damages from the date of this judgment.…
Division and case type: CivilCivil Case
…The plaintiff is entitled to Pain, Suffering and loss of amenities under the head of General Damages of Ksh.150,000/- as reasonable. The case of Charles Sunguti v.…
…That General damages for Pain, Suffering and Loss of Amenities as assessed at Ksh.150,000/-. I make no award for Special Damages as no proof to this has been given.…
Division and case type: CivilCivil Case
…, general and exemplary.…
…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 Case
…What the defendants really are disputing is the claim for general damages and exemplary damages.…
…The plaintiff in her pleading prayed for general damages. It is in the course of the hearing that the question of exemplary damages arose.…
Division and case type: CivilCivil Suit
…He claims for amongst other things a two months salary in lieu of notice and general damages for wrongful dismissal. He alleges that he was employed by the defendant on 1/6/76 as an assistant machine operator.…
…months salary in lieu of notice which amounts to 2,581.95 shillings special damages plus a sum of 3572/85 worked out on a salary of three months when the plaintiff with diligence would have been able to get employment as general…
Division and case type: CivilCivil Appeal
…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…
Division and case type: CivilCivil Case
…He claims general damages for this loss of time, For his time and effort spent on the re-negotiation of the loan facility with the lender, arising from the non-utilization of the offered loan facility within the specified…
…time limit, the court assesses general damages at a sum of Kshs.35,000/=.…
Division and case type: CivilCivil Appeal
…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/=.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Case
…He claims general damages for this loss of time, For his time and effort spent on the re-negotiation of the loan facility with the lender, arising from the non-utilization of the offered loan facility within the specified…
…time limit, the court assesses general damages at a sum of Kshs.35,000/=.…