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…Justice Juma) in Nairobi on 27th June, 1996 by which the respondent was awarded damages under the Fatal Accidents Act and the Law Reform Act arising out of the death of her husband in a road traffic accident which occurred…

…The learned judge whilst awarding damages under this head said that the decision in the case of Hintz vs.…

…(c) an order that the plaintiffs be restored to the possession of L.R. no 209/8258 forthwith (d) general damages (e) costs of the suit.…

…This is the level of damages they are entitled to. Damages would therefore be an adequate remedy. I bear in mind that as at this stage the only evidence I have is by way of affidavits and annextures.…

…He sought against the appellants damages for unjustified invasion of his premises, loss of privacy, defamation and the return of all his goods.…

…Njuguna argued, it had not been proved that damages were not an adequate remedy.…

…And so, a party is bound to show what such loss is and why an award of damages will not be sufficient compensation.…

…On the other hand, if the plaintiff is eventually able to establish his case against the second defendant or any other defendant, his remedy will be in damages.…

…The plaintiff can therefore adequately be compensated by an award of damages.…

…The applicant is also hereby ordered to give an undertaking in writing for damages to the respondent within 14 days hereof. The costs of the application shall be in the cause. Order accordingly.…