Case law
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Division and case type: Environment and LandLand Case
…applicant must show they have a prima facie case with a probability of success; the applicant, must demonstrate that he/she might suffer irreparable injury if the injunction is not issued which cannot be compensated by damages…
…The subject matter of the suit being land, I find and hold that damages may not be an adequate remedy to the plaintiff. 15.…
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: Environment and LandMiscellaneous Application
…He also claims pain and suering and special damages for the medical bills he incurred of Kshs 82,905/=. He prays for the special damages, general damages and cost and interest of the suit. 4.…
…In his submissions, the Claimant prayed for general damages of Kshs 3,000,000.00.…
Division and case type: GeneralUnclassified
…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.…
Division and case type: Environment and LandLand Case
…This contract provides which is for a stated period provides for its termination and the damages which the applicant will suffer if it is shown that the respondent had wrongfully terminated the contract, can be easily assessed…
Division and case type: GeneralUnclassified
…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…
Division and case type: Environment and LandLand Case
…He deposed further that he was never awarded damages on account of the defendant’s occupation of his property and that he is being prejudiced without any route to adequate compensation from this court.…
…As parting shots, rst, the applicant seemed to lodge a complaint that for reason of not having been awarded general damages for him not using the suit land but the judgment debtor, the court should act rmly as it gave a…
Division and case type: Environment and LandPetition
…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 suered 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…