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…The appellant appealed against the award of damages based on the memorandum of appeal dated 7th August 2018 on two grounds.…

…He submitted that in the event that the damages were awarded, this was a proper case for nominal damages. 5.…

…In my own judgment, therefore, I would award him a sum of Shs 750,000/= as general damages for pain, suffering and loss or amenities, on top of which I would add Kshs 13,050/=, being special damages and enter judgment for…

…In plain language, the appellant is simply asking this Court to reduce the amount of damages awarded to the respondent by the trial judge because in the view of the appellant, those damages are so excessive that they amount…

…I agree with the defence submission that no special damages were pleaded in the plaint and as such no such special damages can be awarded.…

…He must therefore have suffered substantial damages for which he should be adequately compensated.…

…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…

…In a claim by an employee against his employer for damages for wrongful dismissal, such damages are limited to the amount the employer would have been obliged to pay if he had brought the contract to an end in accordance…

…General damages were assessed at Kshs 300,000.00.…

…The court assessed general damages as Kshs 250,000/-.…

…The agreed general damages for pain and suffering and loss of amenities was £120,000.…

…The damages awarded under this head in the past judgements are between Shs. 300,000 and Shs. 600,000. The damages Cockar J. awarded under this head was in excess and outside the bracket of decisions of this court.…

…There is a claim for special damages as well as general damages.…

…In these circumstances I would hold that the appellant has failed to prove anything in the nature of special damages. He is in judgment entitled to damages by way of general damages only.…

…There is no appeal before us against liability as judgment on liability was entered by Consent and the suit proceeded only on assessment of damages.…

…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/=.…

…At the time of the assessment of the damages it was proved that although the fractures had united he complained of pain on the right side and had problems in lifting weights.…

…He was awarded Shs 30,000/= as general damages for pain, suffering and loss of amenities.…

…The judge decided to proceed with the assessment of damages.…

…The judge did not accomplish the task he set out to do; he did not asses damages.…

…The foregoing facts and a careful perusal of the pleadings reveals that the only outstanding issue is damages.…

…It may be argued that the question of damages is still outstanding. The damages sought here are for trespass. The Court has already decreed that the defendant is a trespasser.…

…The foregoing facts and a careful perusal of the pleadings reveals that the only outstanding issue is damages.…

…It may be argued that the question of damages is still outstanding. The damages sought here are for trespass. The Court has already decreed that the defendant is a trespasser.…

…and Kshs 73,000/- as general damages plus costs of the suit and interest.…

…He also argued that the damages awarded in the case were exorbitant.…

…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.…

…He also claims pain and suering and special damages for the medical bills he incurred of Kshs 82,905/=. He prays for the special damages, general damages and cost and interest of the suit. 4.…

…In his submissions, the Claimant prayed for general damages of Kshs 3,000,000.00.…

…The learned judge however refused to order specific performance of the contract as had been sought by the appellant and also declined to award any damages for such breach of contract as in his view no damages had been proved…

…Rather the only issue left is that of the refusal of the superior court to award damages to the appellant. As regards damages the trial court stated the following:- “The plaintiff claims damages for breach of contract.…

…He awarded the appellant general damages in the sum of Kshs 250,000/- for the injuries she sustained as a result of the accident. He also awarded special damages in the sum of Kshs 60,750/- and 9,604,600 Italian Lira.…

…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.…

…(c)Was Shs 10,000.00 a week damages for delay a panel clause?…

…Turning to damages, Mr. Esmail claimed the evidence of Mrs Hepple and Mr Levitan was too thin to amount to proof of the sum claimed as damages. There was no attempt to persuade Sarikas to submit their unit rates.…

…The plaintiff is therefore entitled to damages. There is no rule of thumb covering the assessment of damages in cases of this nature.…

…So that the defendant’s action entitled the plaintiff to damages. What is the measure of damages?…