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…The foregoing facts and a careful perusal of the pleadings reveals that the only outstanding issue is damages.…

…It may be argued that the question of damages is still outstanding. The damages sought here are for trespass. The Court has already decreed that the defendant is a trespasser.…

…The foregoing facts and a careful perusal of the pleadings reveals that the only outstanding issue is damages.…

…It may be argued that the question of damages is still outstanding. The damages sought here are for trespass. The Court has already decreed that the defendant is a trespasser.…

…The plaintiff is therefore entitled to damages. There is no rule of thumb covering the assessment of damages in cases of this nature.…

…So that the defendant’s action entitled the plaintiff to damages. What is the measure of damages?…

…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/=.…

…Special damages were also agreed at Shs.1,150/-. What general damages should I award to the Plaintiff? To answer that question I must first consider the injuries the Plaintiff sustained during the accident.…

…Justice Wambilyangah awarded Otieno shs.125,000/- as general damages and this was on the 4th March, 1992, that is some three months ago.…

…Had the plaintiff succeeded he would have awarded Shs.30,000/- general, and Shs.1,000/- special, damages.…

…I would therefore dismiss the second ground of appeal and I would award the appellant Shs.30,000/- general, and Shs.1,000/- special, damages.…

…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 ……………….…

…The defendants have in addition filed a counterclaim repeated the contents of the defence and claiming damages. Damages for breaches such as are alleged can only be special damages and they must be pleaded and proven.…

…The defendant filed two affidavits with the object of obtaining leave to defend and made allegations that the lease had been obtained by fraud and that she had a claim for damages for disrepair against the plaintiffs.…

…On appeal to the then Court for Eastern Africa, it was held by Newbold, P and Duffus, AG V-P that the allegation that the premises were defective and that there was a reasonable claim for damages raised a triable issue; as…