Case law
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Division and case type: Environment and LandLand Case
…applicant must show they have a prima facie case with a probability of success; the applicant, must demonstrate that he/she might suffer irreparable injury if the injunction is not issued which cannot be compensated by damages…
…The subject matter of the suit being land, I find and hold that damages may not be an adequate remedy to the plaintiff. 15.…
Division and case type: Environment and LandLand Case
…The respondent commenced proceedings in the superior court for damages for breach of contract, specific performance of the contract by execution of all necessary documents, general damages, exemplary damages, interests and…
…Then there is the issue of special damages in the sum of Shs. 11,800,000/-.…
Division and case type: Constitutional and Human RightsPetition
…The company did not in any event breach the purported contract, and that even if it did, which is denied, the quantum of the alleged damages or loss suffered by the petitioner had to be specifically proved.…
…It is not for the petitioner to put forward a figure and assess its own damages. I am with the Respondent company in this submission. It is for the court to determine the figure of damages.…
Division and case type: Environment and LandMiscellaneous Application
…He also claims pain and suering 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.…
Division and case type: Constitutional and Human RightsJudicial Review
…The Appellant also averred that they would suffer irreparable financial harm incapable of compensation by an award of damages due to the Respondent’s draconian measure of suspending the operation of all their vehicles. 7.…
…Secondly, an interlocutory injunction will not normally be granted unless the applicant might otherwise suffer irreparable injury, which would not adequately be compensated by an award of damages.…
Division and case type: Environment and LandLand Case
…This contract provides which is for a stated period provides for its termination and the damages which the applicant will suffer if it is shown that the respondent had wrongfully terminated the contract, can be easily assessed…
Division and case type: Constitutional and Human RightsPetition
…The observations of Harman L.J in Re LHF Wools Ltd that if there was a cross claim like in this case damages for breach of contract, is just as if there were disputed debt.…
Division and case type: Environment and LandLand Case
…He deposed further that he was never awarded damages on account of the defendant’s occupation of his property and that he is being prejudiced without any route to adequate compensation from this court.…
…As parting shots, rst, the applicant seemed to lodge a complaint that for reason of not having been awarded general damages for him not using the suit land but the judgment debtor, the court should act rmly as it gave a…
Division and case type: Environment and LandPetition
…Counsel further submitted that the Petitioner had admitted that it is not in possession of the suit properties, thus there is no irreparable harm to be suered that cannot be compensated by way of damages (Christopher Chepkiyeng…
…Kogo Vs Frank Kimeli Tenai (2018) eKLR provides an explanation for what is meant by irreparable injury and it states that: “Irreparable injury means that the injury must be one that cannot be adequately compensated for in damages…
Division and case type: Constitutional and Human RightsJudicial Review
…Counsel further submitted that the Petitioner had admitted that it is not in possession of the suit properties, thus there is no irreparable harm to be suered that cannot be compensated by way of damages (Christopher Chepkiyeng…
…Kogo Vs Frank Kimeli Tenai (2018) eKLR provides an explanation for what is meant by irreparable injury and it states that: “Irreparable injury means that the injury must be one that cannot be adequately compensated for in damages…