Da Gama Rose Group of Companies Ltd v Desanuo & 13 others
Division and case type: CivilCivil Case
…of the contract or the injury complained of.…
…breaching a contract to sell the shares to a different purchaser.…
Case law
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Division and case type: CivilCivil Appeal
…This appeal arises from a decision of the High Court (Trainor, J) (as he then was) in a dispute between the appellant and the respondents wherein the appellant alleged that the respondents were in breach of contract.…
…After a full trial the learned judge found that the appellant and the first respondent were party to a contract and that the first respondent was in breach of the contract.…
Division and case type: CivilCivil Case
…of the contract or the injury complained of.…
…breaching a contract to sell the shares to a different purchaser.…
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…
…settled contract for sale had come into existence upon fall of the hammer and payment of 25% of the bid price and that, as the respondent was still within the 30 day period for payment, the revocation of the sale was a breach…
Division and case type: CivilCivil Appeal
…Justice Rauf struck out the plaint in the superior court whilst holding that the plaint did not set out important averments relating to alleged inducing of breach of contract.…
…He (the learned judge) concluded that if the plaintiffs were to succeed in the action they ought to have pleaded special damages suffered by them for the alleged inducement of breach of contract.…
Division and case type: CivilCivil Case
…In the plaint the plaintiff claims damages for breach of contract by the defendant.…
Division and case type: CivilCivil Appeal
…The claims by the plaintiff as formulated in the plaint can be put in a summary or precis form as follows: (1) The defendant was in breach of contract between the parties by which contract the plaintiff was appointed the…
…The alleged breach of contract is denied. Erroneous debits are denied save for inadvertent errors made bona fide. Such erroneous debits, the defence alleges, have not occasioned any loss or damage.…
Division and case type: CivilCivil Suit
…ofthe contract of employment.…
…General damages: I have already held that the defendantdeliberately created difficult conditions for the plaintiff andturned round and used them to dismiss him. it is the defendantwho was in breach of the contract of employment…
Division and case type: CivilCivil Case
…defendant to refund to the plaintiff Kshs.50,000/= with interest at Commercial rate of 20% per annum from 30th April, 1982 till payment in full; ii) the 1st defendant be ordered to pay general and special damages for the breach…
…of contract entered into between the plaintiff and the 1st defendant on 30th April, 1982.…
Division and case type: CivilCivil Case
…JUDGMENT The respondent sued the appellant in the lower court seeking damages both special and general for injuries sustained in an accident while at his place of work with the defendant and which accident occurred as a result of…
…the breach of contract and duty to him and also due to negligence whose particulars he gave.…
Division and case type: CivilCivil Appeal
…In a suit filed in that Court on 21st January 1992 the plaintiff, now the respondent, claimed from the defendant, now the appellant, both general and special damages for breach of contract.…
Division and case type: CivilCivil Appeal
…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 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
…It follows that once an employee has been dismissed, whether rightly or wrongly, the dismissal stands, and if the contract has been broken by the employer, damages for breach of contract is the remedy to which the employee…
Division and case type: CivilCivil Appeal
…Moreover, he continued, section 27, assuming it does apply to contracts, would not apply to every breach of a contractual duty, for example it would not apply to a breach of contract for the sale of goods or of land.…
…The court should therefore lean toward giving the section a purposive effect, because to do so would still permit the six years’ period of limitation under section 4(1) to operate in actions for breach of contract which do…
Division and case type: CivilCivil Appeal
…insurance policy contained a clause stipulating that all disputes arising had to be referred to arbitration, and before any such reference was made, the plaintiff filed a suit against the appellant claiming damages for alleged breach…
…of contract.…
Division and case type: CivilCivil Appeal
…The contractor then refused to carry out the works which was a breach of the contract. The employer had to put the works out to tender again and suffered considerable loss which was particularised.…
…Finally, a party is entitled to resist an action for breach of contract on any ground that is available even though before action he gave no reason at all.…
Division and case type: CivilCivil Appeal
…injunction restraining the appellant from terminating his licence or interfering with the running of the station; a declaration that the Agreement entered into between him and the appellant is unconscionable and damages for breach…
…of contract.…
Division and case type: CriminalCriminal Appeal
…Whether Kimunye Investments Company ever gave the appellant direct instructions at this stage to pay only Waruhiu & Muite, on behalf of the Bank is not clear, and indeed would have been a breach of contract with Gitonga,…
Division and case type: CivilCivil Appeal
…The appellant sued his employer, Coastal Bottlers Limited, the respondent, for damages for his injuries incurred in an accident at their premises which he claimed were the consequence of its negligence and or breach of contract…
Division and case type: CivilCivil Appeal
…The appellant sued his employer, Coastal Bottlers Limited, the respondent, for damages for his injuries incurred in an accident at their premises which he claimed were the consequence of its negligence and or breach of contract…