Search court decisions

…On May 14, 1985 an interlocutory judgment was entered against both the defendants with a sum of Kshs 450 together with interest for special damages.…

…The damages that I am required to assess are therefore only in respect of pain and suffering and the injury of the double fracture of the right femur.…

…DEFENDANT JUDGMENT The case before me is for damages on injuries sustained in a motor vehicle accident by the Plaintiff. I say so because the circumstances are indeed most strange.…

…In the event that the plaintiff ought to have been awarded damages I would hold out that he substantially contributed to his negligence at a ratio of 50% to 50%.…

…PLAINTIFF VERSUS INTERNATIONAL AGRICULTURE ENTERPRISES LTD & ETCO (MSA)LIMITED…………………………………… DEFENDANTS RULING The action herein was for damages based on demurrage of a motor vessel “Penny S”.…

…The damages were liquidated at Kshs132,508/=. Pleadings closed normally and directions on a summons were given. By May, 1983 the suit was ready for 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.…

…figure of Kshs.2.6 million as general damages for lost years.…

…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…

…use trade marks and other rights for a period of 10 years from 11th November 1983 or was the agreement on its true construction a licence at will which could be terminated at any time by the defendant without penalty or damages…

…KENYA PORTS AUTHORITY.............................DEFENDANT RULING The plaintiff herein alleged in his plaint that he was so unlawfully dismissed from his employment with the defendant that he should be awarded compensatory damages…

…APPLICANT VERSUS GEORGE W WAWERU................................RESPONDENT RULING On 27th December 1991, the plaintiff/applicant filed a suit against the defendant/respondent and claimed from him both general and special damages…

…The plaintiff therefore claims general damages plus special damages in the sum of Kshs 51,527 being medical expenses, transport charges, rent of shop, salary to staff and loss of profit.…

…The court therefore now proceeds to assess general and special damages. First the special damages.…

…I award for the head of damages of pain, Suffering and Loss of Amenities at Kshs.100,000/-. Special Damages I would agree that only Ksh.6,800/- was proved.…

…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…

…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.…

…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.…

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

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

…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 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.…

…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?…

…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.…

…Special damages including loss of earnings amount to Kshs 256,200/=.…