Case law
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Division and case type: CivilCivil Case
…KENYA PORTS AUTHORITY.............................DEFENDANT RULING The plaintiff herein alleged in his plaint that he was so unlawfully dismissed from his employment with the defendant that he should be awarded compensatory damages…
Division and case type: CivilCivil Appeal
…Theplaintiffs still claimed general damages injunction and costs. But they did not claim any special damages. The defendant filed an elaborate amended defence to the amended plaint.…
…Dhanji took a preliminary point to the effect (as far as can be made out from the notes made by the learned judge) that there can be no claim for general damages for inducing a breach of contract and that special damages…
Division and case type: CivilCivil Appeal
…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…
Division and case type: CivilCivil Case
…An award for damages for pain and suffering before death istherefore unmerited.…
…Special damages in the sum of Kshs.51,618/- are well proved.…
Division and case type: Milimani Commercial CourtsCivil Case
…Secondly, an interlocutory injunction will not normally be granted unless the applicant might otherwise suffer irreparable injury, which would no adequately be compensated by an award of damages.…
…In short, interlocutory injunctive relief will be available only to either those with demonstrable legal or equitable rights in danger of violation or which have actually been violated in situations where damages would be…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Suit
…case with a probability of success; secondly, an interlocutory injunction will normally be granted unless the applicant might otherwise suffer irreparable injury, which would not adequately be compensated by an award of damages…
…Being of that bent of mind, I regard any discourse as to whether the breach of the Plaintiff’s right could be compensated for in damages as an academic one ill befitting a court of law.…
Division and case type: CivilCivil Suit
…In any case, I have reason to doubt their capability to pay any substantial damages to the Respondent if the sugar in question can be released to the 3rd parties.…
Division and case type: CivilCivil Suit
…In any case, I have reason to doubt their capability to pay any substantial damages to the Respondent if the sugar in question can be released to the 3rd parties.…
Division and case type: CivilCivil Appeal
…In the alternative the respondent claimed Shs 436,000/- by way of damages, that sum being the value of the motor vehicle.…
Division and case type: CivilCivil Appeal
…The reliefs sought were for an injunction to restrain the appellants and the County Council and their agents, from occupying the land; for damages; and for compensation for the loss of use by the respondent of her land.…
…The reliefs were for an injunction to restrain the appellants and curiously, also the County Council and their agents, from occupying the land; for damages; and for compensation for the loss of use by the respondent of her…
Division and case type: CivilCivil Appeal
…He also prayed for damages for loss of use of the car from 23rd February, 1994 and costs of the suit plus interest.…
Division and case type: CivilCivil Appeal
…It is the same with any damages due in consequence of pecuniary prejudice caused to other persons, the maintenance of his wives, whose marriage remains in suspense, and the maintenance of his ascendants and descendants.”…