Case law
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Division and case type: CivilCivil Suit
…DEFENDANT JUDGMENT The case before me is for damages on injuries sustained in a motor vehicle accident by the Plaintiff. I say so because the circumstances are indeed most strange.…
…In the event that the plaintiff ought to have been awarded damages I would hold out that he substantially contributed to his negligence at a ratio of 50% to 50%.…
Division and case type: CivilCivil Case
…I award for the head of damages of pain, Suffering and Loss of Amenities at Kshs.100,000/-. Special Damages I would agree that only Ksh.6,800/- was proved.…
…I award in summary General Damages i) Pain, Suffering & Loss of Amenities Ksh.100,000/- ii) Loss of dependency Ksh.140,000 (apportioned as above) iii) Special Damages Ksh. 6,800/- Total Ksh.246,800/- 85% of 246,800 Ksh.204,000…
Division and case type: CivilCivil Case
…General damages were assessed at Kshs 300,000.00.…
…The court assessed general damages as Kshs 250,000/-.…
Division and case type: CivilCivil Case
…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…
Division and case type: CivilCivil Case
…General damages for pain suffering and loss of amenities assessed at Kshs 150,000/-.…
…The court awarded Kshs 180,000/- as general damages, cost of future treatment KShs. 28,000/- and special damages of Kshs 650/- total Kshs 208,650/-.…
Division and case type: CivilCivil Case
…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.…
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: CivilCivil Suit
…(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.…
Division and case type: CivilCivil Case
…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.…
Division and case type: CivilCivil Case
…The plaintiff is entitled to Pain, Suffering and loss of amenities under the head of General Damages of Ksh.150,000/- as reasonable. The case of Charles Sunguti v.…
…That General damages for Pain, Suffering and Loss of Amenities as assessed at Ksh.150,000/-. I make no award for Special Damages as no proof to this has been given.…
Division and case type: CivilCivil Case
…On being served, the defendants filed a defence denying liability and counter claimed for damages for detention of its vehicle from 8th June, 1995 until date of release.…
…The other witness who gave evidence on damages was PW3, Jackson Wetosi, an accountant by profession. He testified that he had prepared the plaintiffs accounts for year ending March, 1995.…
Division and case type: CivilCivil Case
…On being served, the defendants filed a defence denying liability and counter claimed for damages for detention of its vehicle from 8th June, 1995 until date of release.…
…The other witness who gave evidence on damages was PW3, Jackson Wetosi, an accountant by profession. He testified that he had prepared the plaintiffs accounts for year ending March, 1995.…
Division and case type: CivilCivil Suit
…& Co., Ltd., 91973) E.A. 358 it was held that an applicant must show a prima facie case with a probability of success and that the applicant might suffer irreparable injury incapable of being compensated by an award of damages…
Division and case type: Constitutional and Human RightsPetition
…The observations of Harman L.J in Re LHF Wools Ltd that if there was a cross claim like in this case damages for breach of contract, is just as if there were disputed debt.…
Division and case type: Milimani Commercial CourtsCivil Case
…The plaintiff was required to establish a prima facie care with a probability of success, that damages would not be adequate compensation in the event the order was not granted and that if the court is in any doubt the matter…
Division and case type: CivilCivil Case
…The prayer for inhibition is spent, as the prayers for ejection, damages and costs are all abandoned at the hearing.…
Division and case type: CivilMiscellaneous Application
…Mr Onyancha further submitted that the applicant has not suffered special damages, over and above the one suffered by the public since he had assigned all his rights to the chargee (Kenyac).…