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…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…

…Each plaintiff had to incur an expense of Kshs 705 for medical attention which amounts they claim as special damages. They also claim general damages for assault and costs of this suit.…

…The court therefore holds that the two plaintiffs were unlawfully assaulted by the first two defendants and they are therefore liable in damages.…

…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.…

…He also made submissions for an award of general damages for mental anguish and apprehension of possible arrest.…

…As far as grounds of appeal relating to claims in respect of travelling expenses and general damages are concerned we are satisfied that the learned judge did not err in disallowing these claims.…

…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.…

…He was obviously referring to the issue of liability as he did say, and quite correctly in our view, that the issue of damages should proceed to proof by way of assessment of damages. Mr.…

…Damages of course are always in issue unless specifically admitted. It was observed by Chesoni Ag. J.A in the case of Choitram vs Nazari (1982-88) 1 K. A.…

…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.…

…The appellant’s appeal concerns the quantum of damages, i.e.…

…Shs.200,000/- awarded to him on the ground of pain, suffering and loss of amenities, and the refusal by the Judge to award any damages on the issue of loss of future income.…

…On 14th August, 1991 an interlocutory judgment was entered in that case for the respondent and on 17th January, 1992 damages were assessed as follows:- (a) General damages for pain, suffering and loss of amenities: Kshs 600,000…

…Please let us have your admission of liability so that the issue of quantum of damages may then be gone into. We are copying this letter to your insurers who may respondent on your behalf.…

…REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI CIVIL SUIT NO 2552 OF 1987 JAMES MUTULU OKUNNE ………………………………… PLAINTIFF VERSUS NZOIA SUGAR COMPANY LTD & ANOTHER….............DEFENDANTS JUDGMENT This is a suit for general damages…

…In the event that I am wrong in the conclusions I have come to above, had the plaintiff became successful I would have assessed damages at Kshs 50,000 for malicious prosecution considering that the prosecution was conducted…

…The Defendant is accordingly liable to the Plaintiff in damages for that negligence.…

…Accordingly I award to the Plaintiff Shs.3,800/- as special damages. In the event, I now enter judgment for the Plaintiff against the Defendant as hereunder:- 1. General Damages for loss of dependency ……………….…

…(c) General damages for wrongful dismissal and breach of contractreached on 10th April, 1996. (d) A declaration that the letter dated 17th April, 1996 giving theplaintiff one month notice is irregular.…

…The plaintiff, in his plaint did not plead any special damages,specifically. The sum of Kshs.471,000 is made up of two months salary forfailure by the 1st defendant to review the plaintiff's contract.…

…The company did not in any event breach the purported contract, and that even if it did, which is denied, the quantum of the alleged damages or loss suffered by the petitioner had to be specifically proved.…

…It is not for the petitioner to put forward a figure and assess its own damages. I am with the Respondent company in this submission. It is for the court to determine the figure of damages.…

…MUSILU & ANOTHER HCCC 1202/90 In these cases damages ranged between Shs.250,000/= to Shs. 400,000/=.…

…There was damage for loss of income from the date of the accident to the date of trial.This court thought that such award would be by way of special damages. It could be specificallypleaded and proved.…

…....PLAINTIFF VERSUS EAST AFRICAN SUGAR INDUSTRIES LTD.............................................DEFENDANT JUDGMENT In his plaint dated 7th July, 1992 the plaintiff claims the following from the defendant: (a) Special damages…

…in the sum of Shs 1000/- (b) General damages (c) Costs of the suit and interest therein at court rates The plaintiff is Richard Boywa Gor and the defendant is East African Sugar Industries Ltd.…

…He therefore prays for a permanent injunction to restrain him by himself, his servants or agents from stepping on the land; general damages for trespass to be assessed by this court; mesne profits to be determined by this…

…court; special damages of Kshs 6000/-; exemplary damages, costs and interest.…

…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.…