Case law
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Division and case type: CivilCivil Appeal
…Taking into account all injuries suffered by the respondent and keeping in mind the principles of assessment of such damages and also fall in value of money we assess the damages for pain, suffering and loss of amenities…
…The damages under the head of "loss of earning capacity" can be classified as general damages but these have also to be proved on a balance of probability.…
Division and case type: CivilCivil Case
…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.…
Division and case type: CivilCase number Civil Application
…Patel J also ordered damages to be assessed. This proved to be awkward task. First, Cockar J on October 16, 1986, found that no damages were done to the plaintiff.…
…If successful, the assessment of damages would fall away, and the suit would be heard fully, and damages assessed as part of the proceedings, on the basis of such liability found, if any.…
Division and case type: CivilCivil Appeal
…Mr Justice Bhandari gave judgment and made these awards in the High Court at Mombasa on April 30, 1984: Kshs Net special damages 13,150 Loss of future earnings 63,000 General damages 250,000 Total 326,150 The appellant has…
…The only issue was the quantum of damages, special and general, the respondent should pay the appellant.…
Division and case type: CivilCivil Appeal
…In any event the tenancy would be subject to notice of two months and damages should have been restricted to that period. (At most the damages should have been nominal).…
…I would agree with the appellant that in principle the respondent was not entitled to any damages. Moreover no profits were proved on the basis of which damages could be assessed.…
Division and case type: CivilCivil Appeal
…He brought an action for damages for negligence against the driver and owners of the articulated vehicle.…
…This does not mean that damages can be recovered twice over but that if damages recovered under Law Reform Act devolve on the dependants the same must be taken into account in reduction of the damages recoverable under the…
Division and case type: CivilCivil Suit
…The plaintiff has proved that his dismissal was unlawful and he is therefore entitled to damages. Counsel for the plaintiff has put out a formula upon which he wants the damages due to the plaintiff assessed.…
…I am of the view that the damages he is entitled to as claimed is the two months salary in lieu of notice which amounts to 2,581.95 shillings special damages plus a sum of 3572/85 worked out on a salary of three months when…
Division and case type: CivilCivil Appeal
…The third, fourth and sixth grounds of appeal are that the plaintiff failed to prove the damages claimed by it; that it failed to mitigate the damage, and that interest on damages was wrongly awarded.…
…The plaintiff was therefore entitled to damages, basically for breach of contract, but also in sounding in detinue. But the measure of damages must be subject to some restraint.…
Division and case type: CivilCivil Appeal
…The third, fourth and sixth grounds of appeal are that the plaintiff failed to prove the damages claimed by it; that it failed to mitigate the damage, and that interest on damages was wrongly awarded.…
…The plaintiff was therefore entitled to damages, basically for breach of contract, but also in sounding in detinue. But the measure of damages must be subject to some restraint.…
Division and case type: CivilCivil Appeal
…Theplaintiffs still claimed general damages injunction and costs. But they did not claim any special damages. The defendant filed an elaborate amended defence to the amended plaint.…
…Dhanji took a preliminary point to the effect (as far as can be made out from the notes made by the learned judge) that there can be no claim for general damages for inducing a breach of contract and that special damages…
Division and case type: CivilCivil Case
…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.…
Division and case type: CivilCivil Appeal
…No special damages were proved and no general damages were proved beyond the cost of repairs which the tenant had met. Appeal dismissed. Cases No cases referred to. Statutes No statutes referred.…
…In our opinion, there is no legal liability on the respondent to pay any damages beyond this.…
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: CivilCivil Appeal
…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…
Division and case type: CivilCivil Appeal
….…..RESPONDENTS JUDGMENT This is an appeal from the award of damages made by the High Court in a personal injury suit.…
…If as seems clear he did, he must have awarded the appellant less damages than he would otherwise have felt disposed to award.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Case
…General damages for pain suffering and loss of amenities were assessed to Kshs. 320,000/- on 15th November, 1994.…
…pain and loss of amenities at Kshs.500,000 proved special damages amount to Kshs. 3,000/-.…
Division and case type: CivilCivil Appeal
…Either interlocutory judgment has been entered and damages remain to be assessed, or there is an ex parte hearing of all the issues on liability and damages.…
…The appeal, concerns the assessment of general damages of Kshs 30,000; special damages of Kshs 1,010 not being disputed.…
Division and case type: CivilCivil Case
…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…
Division and case type: CivilCivil Appeal
…Mr Justice Bhandari gave judgment and made these awards in the High Court at Mombasa on April 30, 1984: Kshs Net special damages 13,150 Loss of future earnings 63,000 General damages 250,000 Total 326,150 The appellant has…
…The only issue was the quantum of damages, special and general, the respondent should pay the appellant.…