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…....PLAINTIFF VERSUS EAST AFRICAN SUGAR INDUSTRIES LTD.............................................DEFENDANT JUDGMENT In his plaint dated 7th July, 1992 the plaintiff claims the following from the defendant: (a) Special damages…

…in the sum of Shs 1000/- (b) General damages (c) Costs of the suit and interest therein at court rates The plaintiff is Richard Boywa Gor and the defendant is East African Sugar Industries Ltd.…

…He therefore prays for a permanent injunction to restrain him by himself, his servants or agents from stepping on the land; general damages for trespass to be assessed by this court; mesne profits to be determined by this…

…court; special damages of Kshs 6000/-; exemplary damages, costs and interest.…

…Particulars of the respondent’s injuries and special damages are then given. Next comes this paragraph: “6.…

…Mr Aboo’s further submission was that the respondent’s cause of action was for damages for negligence or breach of duty (the duty existing by virtue of a contract) and the damages he claimed for the negligence and or breach…

…MUSILU & ANOTHER HCCC 1202/90 In these cases damages ranged between Shs.250,000/= to Shs. 400,000/=.…

…There was damage for loss of income from the date of the accident to the date of trial.This court thought that such award would be by way of special damages. It could be specificallypleaded and proved.…

…He went on to award the respondent Kshs 29,320 as special damages, and a total of Kshs 786,600 by way of general damages, made up as follows: 1. Kshs 450,000 for pain and suffering and loss of amenities of life. 2.…

…They were an actual loss and must be proved as part of the special damages.…

…I agree that award of damages must be fair, bearing in mind the previous decisions.…

…I enter judgment for the plaintiff for Kshs 2000,000 for general damages.…

…Special damages were also agreed at Shs.1,150/-. 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.…

…Justice Wambilyangah awarded Otieno shs.125,000/- as general damages and this was on the 4th March, 1992, that is some three months ago.…

…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?…

…THAT the defendant is hereby ordered to pay to the plaintiff general damages for Kshs. 250,000/- for inconvenience for refusal to discharge the property in question. 2.…

…She is entitled to damages for inconveniences. (Emphasis mine) 9.…

…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/=.…

…Consequently there being no defence, judgment was entered as prayed in the plaint, but damages were to be assessed later.…

…Mr Commissioner Sampson calculated the damages as amounting, in all, to Shs 71,312/-, in accordance with the findings of Mr Justice J.S.Patel.…

…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…

…In their submissions both counsel have referred me to various cases as guide for damages. But there can be no denying that each case must be decided on its particular and peculiar facts.…

…specifically proved special damages for Kshs. 35,984/= and the same is hereby awarded.…

…Murunga Ndanyi & Others Civil Appeal No. 192 of 1992, Special Damages must be pleaded specifically. According to Mary Mukiri v.…

…It should however be noted that the claim for damages was not before the Tribunal.…

…That was an item of special damages which was supposed to but was not specifically pleaded. It cannot be treated as part of general damages in light of the fact that it is specific.…

…As regards damages, in the event of the court allowing the appeal he submitted that they should not even come to Kshs 10,00.…

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

…It was not disputed between the parties that the plaintiffs hopes of winning substantial damages against the defendant were dashed when Shields J ruled that he could only win nominal damages in respect of the action.…

…This ruling has tremendously weakened the plaintiff’s claim in the suit and at the end of the day the claim for the anticipated nominal damages may be lost.…

…It is a suit brought on behalf of the estate under Law Reform Act Cap 26 of the Kenya Laws claiming special damages and damages under Law Reform Act for the benefit of the estate and damages for loss of expectation of life…

…Damages: Special damages proved are: - (i) Death Certificate Kshs. 100.00 (ii) Broadcasting Kshs. 600.00 (iii) Coffin Kshs. 8,000.00 Sub Total Kshs.8,700.00 As to quantum, it is noted that the deceased died after sometime…

…Njuguna’s main argument simply is that when damages are an adequate remedy and that when mode of calculating such damages is agreed, the court ought to consider that damages are an adequate remedy.…

…Njuguna took exception to there being no undertaking as to damages given by the respondent should she not succeed eventually.…

…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.…