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…1982 DR SAMUEL MMBBURU………………………………………………..PLAINTIFF AND NDERITU NJUGUNA & 3 OTHERS……………………………………DEFENDANT JUDGMENT The plaintiff Dr Samuel Mburu (P W 1) brings this suit against the defendants seeking special and general damages…

…When the case came up for hearing on the 25th January 1984 the advocates for all the parties had agreed on the quotum of damages and hence the following consent order was recorded by this court.…

…The first claim amounts to a sum of over 12 Million shillings damages.…

…The damages alleged is not physical injuries to a person or property, it is “economic loss” only.…

…So both claim damages. Although the defendants were served, neither entered appearance.…

…Accordingly, on October 17, 1984, the Registrar, sitting in chambers, entered judgment against them for the special damages claimed and also gave interlocutory judgments for damages.…

…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.…

…(c) The Plaintiff’s suit will rendered nugatory if no orders are granted as the 1st Defendant is domiciled overseas and damages will not be an adequate remedy.…

…The 1st Defendant’s freedom to retain or terminate the contract was therefore left intact even though such a termination would be at the pain of paying damages for any breach of contract.…

…Consequently there can be no separate award of damages to the plaintiff under paragraph 7, 8 and 9, and no award of general damages for defamation.…

…The result is that the plaintiff is entitled to general damages only for wrongful arrest, false imprisonment and malicious prosecution. For wrongful arrest I award the plaintiff damages of Kshs 1,000.…

…To lose the subject motor vehicles when it may turn out that no arrears are owed would in my view occasion to the plaintiff an injury which cannot be adequately compensated by damages.…

…Loss of reputation is not always compensatable by an award of damages.…

…The plaintiff pleaded an alternative claim under which he claims damages, punitive damages and general damages.…

…Whether the defendant is liable to plaintiff for loss and damages arising from the lease of the demised premises and so what is the quantum of the said damages? Who is liable to pay costs?…

…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.…

…Secondly, an interlocutory injunction will not normally be granted unless the applicant might otherwise suffer irreparable injury, which would no adequately be compensated by an award of damages.…

…In short, interlocutory injunctive relief will be available only to either those with demonstrable legal or equitable rights in danger of violation or which have actually been violated in situations where damages would be…

…, namely, special damages.…

…The orthodox statement of the law, is that special damages must be strictly proved.…

…The plaintiffs are asking for Judgment against the defendant for:- (a) shs. 27,200 (b) General Damages (c) Costs of this suit (d) Such further or alternative relief as this Honourable Court may deem fit to grant.…

…There is no basis for general damages since the agreement was not enforceable for want of consent of the relevant Land Control Board.…

…I am not convinced of that, and so the next question is whether the Applicant stands to suffer irreparable loss which cannot be compensated by an award of damages.…

…The Applicant has not demonstrated which irreparable loss, if any, she would incur that cannot be compensated by way of damages if the injunction is not granted.…

…struck out on December 13, 1985 on the ground that it did not disclose any reasonable defence, was frivolous, vexatious and an abuse of the process of court and in the event this matter came before me for assessment of damages…

…case of New Munyu Sisal Estates Ltd v Attorney General (1972) EA 88, the court when dealing with the question of full compensation in a compulsory acquisition case held that if the land was not lawfully taken over, the damages…

…The question of general damages is to be tried on vivo voce evidence at a date to be taken at the registry. Dated at Nairobi this 1st day of July 1996. A.G. RINGERA JUDGE…

…some merit in the first ground, but since the applicant did not in his plaint seek the equitable relief of specific performance, it would seem to us that it can not be said that the appeal if successful, would be nugatory, damages…

…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.…

…The plaintiff was required to establish a prima facie care with a probability of success, that damages would not be adequate compensation in the event the order was not granted and that if the court is in any doubt the matter…

…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 suered 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…

…He must also show that he would suffer an irreparable injury which would not be adequately compensated by way of damages if the injunction is not granted.…