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…NO. 494 OF 1994) ************************* JUDGEMENT OF THE COURT This is an appeal against the quantum of damages awarded by the superior court (Osiemo, J.) to the respondent who was the victim of a motor accident.…

…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.…

…For the benefit of Mr Kariuki and many others who will venture to practice in this branch of the law, we would recall the well-settled law that for this Court to interfere with the quantum of damages awarded by the trial…

…That is to say that the issue of liability has been impliedly settled and the only issue which remains for further determination is the quantum of damages if any in respect of lost years.…

…The quantum of damages for the loss of an eye was a matter of public importance in view of the widely disparate awards that have so far been given in Kenya, and that he should, at the very least, be given an adjournment to…

…These grounds are mainly on liability and quantum of damages.…

…In view of this, we do not have to deal with the appellant's appeal on quantum of damages.…

…The quantum of damages for the loss of an eye was a matter of public importance in view of the widely disparate awards that have so far been given in Kenya, and that he should, at the very least, be given an adjournment to…

…The appellant’s grievance was limited to the quantum of damages. In order to consider the validity or otherwise of the appellant’s grievance, it is necessary to relate the facts briefly.…

…Although I acknowledge the force of Mr Hayanga’s fair and full argument, in my judgement, no good ground exists for interfering with the quantum of damages awarded by the court below.…

…I now turn toa consideration of the quantum of damages. From the evidence on record, I make the following findings offact. The deceased was a specialized mathematics teacher.…

…I now turn to a consideration of the quantum of damages in Funeral expenses.FATAL ACCIDENT'S ACT (a) Loss of dependency - K.shs 4.8 million on the basis of amultiplication of 20,000/- a month and a multiplier of 20.…

…What is the quantum of damages if any. I. Whether the Respondent was negligent 14. The concept of negligence has been established for long under common law.…

…What is the quantum of damages? 29. The Claimant submitted that it should be awarded Kshs 3,000,000 as general damages relying on the case of Anthony Peter Wainaina v Jumba Patrick Oganda & 3 Others[2021] eKLR.…

…The only issue was the quantum of damages, special and general, the respondent should pay the appellant.…

…The Ugandan ones from Quantum of Damages by Michael Wilkinson, 1973, 3rd Edition, he characterised as being” ‘very old, the oldest ones being of [the] early sixties and the latest ones of [the] early seventies.’ but went…

…The only issue was the quantum of damages, special and general, the respondent should pay the appellant.…

…The Ugandan ones from Quantum of Damages by Michael Wilkinson, 1973, 3rd Edition, he characterised as being” ‘very old, the oldest ones being of [the] early sixties and the latest ones of [the] early seventies.’ but went…

…Liability having been admitted, the trial proceeded on the issue of quantum of damages payable to the respondent and on that issue, the only witness who testified before the learned judge was the appellant who narrated to…

…other hand the defendants case was that the goods it was carrying belonged to known people who had hired the motor vehicle to transport the same from Nakuru District to NaAitr otbhie. trial of the suit a part from the issue of…

…quantum of damages and costs three other issues were settled; firstly, whether the subject motor vehicle was being used for hire and reward at the date of the theft; If so, secondly, whether that entitles the defendant to…

…I return to the aspect of the quantum of damages.…

…These are decisions of a court in a neighbouring country (Quantum of Damages for Personal Injuries by Michael Wilkinson, 1973, 3rd edition, pages 49 to 54) and of about a decade or more ago.…

…The principles to be observed by an appellate court in deciding whether it is justified in distributing the quantum of damages awarded by a trial judge are that it must be satisfied that either that the judge, in assessing…

…defendant’s servants were negligent; (b) Whether the defendant owed any duty of care (contractual or at common law) to the defendant and, if so, whether such duty was breached; (c) Whether the plaintiff was negligent; (d) Quantum…

…of damages.…

…I also agree with the quantum of damages and costs as proposed by my Lord The Chief Justice.…

…He quoted three English cases from the Quantum of Damages Kemp & Kemp Vol 2 and I will refer to one of them. Reckless V P C Allday & Co Ltd & another, 9 – 018.…

…He quoted three English cases from the Quantum of Damages Kemp & Kemp Vol 2 and I will refer to one of them. Reckless V P C Allday & Co Ltd & another, 9 – 018.…