Case law
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Division and case type: CivilCivil Appeal
…RESPONDENT JUDGMENT This is one of the few cases where a land owner disputes compensation paid to him in respect of compulsory acquisition of part of his land.…
…Paragraph 1(c) of the section provides for prompt payment of full compensation for the property so acquired.…
Division and case type: CriminalCriminal Appeal
…The appellant was convicted for assault occasioning actual bodily harm and sentenced to 24 months imprisonment, plus 6 strokes of the cane and to pay the complainant Kshs 5,000 compensation.…
…The order of compensation of Ksh 5,000 is also quashed as there is no evidence that the complainant incurred any medical expenses. December 7 ,1987 TORGBOR JUDGE…
Division and case type: CriminalCriminal Appeal
…The complainant is said to have paid Kshs 1,000.00 to the appellant as compensation. This payment of compensation was not challenged.…
…If the appellant was paid compensation by the complainant then this is an indication of negligence on the part of the complainant. The learned senior state counsel (Mr Nyagah) did not seek to support the conviction.…
Division and case type: CriminalCriminal Appeal
…The complainant is said to have paid Kshs 1,000.00 to the appellant as compensation. This payment of compensation was not challenged.…
…If the appellant was paid compensation by the complainant then this is an indication of negligence on the part of the complainant. The learned senior state counsel (Mr Nyagah) did not seek to support the conviction.…
Division and case type: CivilCivil Case
…In the alternative, the defendant avers that he has had already paid agreed compensation to the plaintiff. The plaintiff filed a reply to the defence and denied that she has received any compensation.…
…Has the defendant paid mutually agreed compensation to the plaintiff in full and final settlement? 6. What is the order as to costs?…
Division and case type: CivilCivil Case
…He assessed general damages at Kshs 270,000/- less workmans compensation of Kshs 16,540/50 leaving a balance of Kshs 253,450.00 plus costs and interest. There was an order for special damages of Kshs 1,500.00.…
…I find that liability was well established as found by the trial magistrate that there is no denial that the respondent was an employee of the appellant and he was injured on duty and was paid workmans compensation.…
Division and case type: CivilCivil Case
…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…
…All that judges and courts do is to award sums which must be regarded as giving reasonable compensation. In the process there must be an endeavour to secure some uniformity in the general method of approach.…
Division and case type: CivilCivil Case
…Substantial loss is that loss may not be made good by monetary compensation. And so, a party is bound to show what such loss is and why an award of damages will not be sufficient compensation.…
Division and case type: CivilCivil Case
…The Court must assess the degree of the inconvenience, hardship, or embarrassment suffered and do its best to fix a monetary compensation.…
…Taking all the circumstance into account, I consider Kshs 40,000/= as reasonable compensation by way of general damages. Then there is the question of exemplary damages. These are damages awarded punitively.…
Division and case type: CriminalCriminal Appeal
…others v Republic High Court, at Kisii April 11, 1991 Patel J Criminal Appeals Nos 12, 13 & 24 of 1991 Criminal Law – stock theft – appellants alleging to have been voluntarily given 11 heads of cattle by the complainant as compensation…
…The complainant, it was alleged, offered to give away some 11 heads of cattle as compensation for the lost animals which was agreed but he was all the same arrested and later released.…
Division and case type: CivilCivil Suit
…GEILLA –vsCASSMAN BROWN [1973] E.A. 358, VIZ: 1) The Applicant must establish a prima facie case with a probability of success, 2) The Applicant must demonstrate that he stands to suffer irreparable damages not capable of compensation…
…I would not consider the stated losses to be of such a nature as would not be capable of compensation in damages should the temporary injunction not be granted.…
Division and case type: CivilCivil Case
…The medical evidence shows that the plaintiff’s complaints for which he is justified in seeking compensation are loss of the right leg and the consequential inability to work or use the leg.…
…The evidence from the Ministry of Labour, Mombasa: It was given by Mr Francis Gitau who is incharge of workmen’s compensation.…
Division and case type: CivilCivil Case
…The principles indicated in that case were that (1) the case has to have reasonable probability of success (2) that the injury likely to be suffered has to be incapable or unsuitable of monetary compensation and (3) that…
…They also stress the need for maintenance of status quo rather than monetary compensation as the courts should not act in vain and/or that their decisions should not be rendered nugatory in the course of the pendency of a…
Division and case type: CivilCivil Case
…If the answer to issue 3 is yes, then is the plaintiff entitled to any compensation? And from when? 5.…
…principles in view the answer to the third issue, namely whether the plaintiffs trailer plus tanker was extensively damaged is definitely in the affirmative and that as a result of the said damages the plaintiff is entitled to compensation…
Division and case type: CivilCivil Case
…If the answer to issue 3 is yes, then is the plaintiff entitled to any compensation? And from when? 5.…
…principles in view the answer to the third issue, namely whether the plaintiffs trailer plus tanker was extensively damaged is definitely in the affirmative and that as a result of the said damages the plaintiff is entitled to compensation…
Division and case type: CivilCivil Case
…performance of his duties the plaintiff had totally fallen from grace by accepting bribes from those candidates he interviewed for jobs and so did not deserve to continue in his employment and they should not be ordered to pay compensation…
Division and case type: CivilCivil Case
…In Words and Phrases Legally Defined, Vol 3 p 79, “interest” is defined as: “…….. the return or compensation for the use or retention by one person of a sum of money belonging to or owed to another.”…
…The compensation is in the form of interest. The argument raises fundamental questions.…
Division and case type: CivilCivil Case
…She prayed for compensation as per her pleadings in court. As was rightly stated by the plaintiff in the counterclaim, the claims in the plaint or amended plaint were not proved against her.…
Division and case type: CriminalCriminal Appeal
…regards the robbery charge the complainant’s cattle had apparently strayed into the appellant’s land and caused damage for which the appellant impounded them and refused to release them to the complainant’s wife, demanding compensation…
Division and case type: CivilCivil Case
…I have carefully considered the nature of injuries sustained by the Plaintiff and taking into account the Submissions of her Counsel I am in agreement that an award of Kshs. 1,000,000/= would be fair compensation for the…