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…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/=.…

…Higher damages will be awarded if the pain and suering is prolonged before death.…

…The Dependants retort that funeral expenses are special damages which must be specically proved. 58.…

…He awarded damages to the appellant.…

…He assessed either shs 40 nominal damages or (shs 1,500) general damages. He did so, not being sure that Gibbons v Westminster Bank [1939] 2 K.B. 882 would be followed in Kenya.…

…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.…

…The plaintiffs also sought exemplary damages for trespass, illegal distress, assault and malicious damage to property to be quantified.…

…No reply to the amended defence was filed, and by a request for judgement dated 16th June, 1997, the 1st defendant requested for an interlocutory judgement for Kshs.864,220/= general and exemplary damages and costs and interest…

…Special Damages had not been proved. None of the advocates relied on any case law before me to prove their case.…

…In summary General damages Pain, Suffering and Loss of Amenities Ksh.200,000/- Future Medical treatment Kshs.450,000 Total Kshs.650,000/- I hereby enter judgment of the plaintiff for General Damages at 100% liability at Kshs…

…General damages for pain suffering and loss of amenities assessed at Kshs 150,000/-.…

…The court awarded Kshs 180,000/- as general damages, cost of future treatment KShs. 28,000/- and special damages of Kshs 650/- total Kshs 208,650/-.…

…Following that finding of liability, the plaintiff set down the case for assessment of damages. This judgment is in that respectively.…

…The evidence concerning damages was that the plaintiff suffered loss of rents from January 1, 1993 to August 31, 1993 at the rate of Kshs.25,000/= per month, so that in all he lost Kshs.20,000/= over that period of time,…

…Plaintiffapparently claims damages under Law Reform Act and Fatal Accidents Actalthough he does not specifically plead so.…

…Plaintiff gave evidence generally relating to personal lifeof the deceased and the damages he was claiming.…

…In its turn, the second respondent stated in its defence that it had bought the machine from Karugu Contractors and raised a counterclaim for damages for loss of business.…

…The Judge granted a stay on condition that the defendants paid a sum of Shs.720,000/-, being 10% of the damages awarded, to the appellant's Advocates.…

…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.…

…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.…

…In total she claimed shs.40,100/= special damages.…

…On special damages I find shs.22,900/= supported by exhibits. The balance 17,200/= is also said to be funeral expenses receipts of which were not produced but said to have been lost at the funeral.…

…Further still, if the sale was unlawful the plaintiffs pray for damages arising thereunder.…

…I do not consider it appropriate to address myself to the issue of whether or not the sale was null and void or that the plaintiffs are entitled to damages for unlawful sale.…

…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.…

…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…

…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…

…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.…

…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.…