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…The respondent sought a declaration that the appellant had been negligent and had issued a false certificate of confirmation; special damages of Kshs. 4,879,467.00; interests on the special damages; general damages; and costs…

…The other issue argued by the appellant is on damages. There are two elements to the damages. The respondent claimed and was awarded general damages based on negligence.…

…General damages were awarded at Kshs. 7,500,000.00; exemplary damages at Kshs. 500,000.00; and Kshs. 17,750.00 for special damages. The total was Kshs. 8,017,750.00. 3.…

…On the damages awarded by the trial court, the appellant submitted in general terms.…

…In that bundle there is an item, number (n), titled “receipts for special damages.”…

…He obtained a monetary decree on general and special damages. He was entitled to interests on those awards. 17. The appeal herein, therefore, succeeds, to the extent of the special damages, and costs and interests.…

…a separate head of damages.…

…The appellant, in his plaint, sought general damages for pain suffering and loss of amenities, and also damages for loss of earning capacity.…

…General damages were awarded at Kshs. 1,000,000.00. No award was made for special damages and future medical expenses, for the appellant was found to have had authored the accident. 3.…

…The appellant has submitted on liability, general damages, special damages, future medical expenses and costs, but has cited no authorities.…

…General damages were awarded at Kshs. 1,000,000.00. No award was made for special damages and future medical expenses, for the appellant was found to have had authored the accident. 3.…

…The appellant has submitted on liability, general damages, special damages, future medical expenses and costs, but has cited no authorities.…

…The grounds touch on apportionment of liability, failure to consider submissions, and failure to award damages for loss of dependency. 4.…

…The viva voce hearing, that was conducted on 4th October 2023, was for the purpose of assessment of damages only. It was actually formal proof, going by the orders of 1st March 2023.…

…Kshs. 400,000.00 was awarded as general damages for pain and suffering, and Kshs. 11,050.00 as special damages. Liability was assessed at 50:50. The total amount came to Kshs. 211,050.00. 4.…

…Her contention is that the award of general damages, for the injuries, was excessive.…

…It sought compensation, by way of general and special damages, loss of expectation of life, costs and interests.…

…special damages incurred on account of his hospitalisation, funeral and those related to his death.…

…On the general damages, he urged the court to consider the testimonies given by PW1 and PW2. 10. PW5, Dr.…

…The 1st, 2nd, 3rd, 4th, 5th and 7th plaintiffs have also claimed for damages for breach of contract.…

…For the appellant, the award of general damages was too low, comparative to the injuries sustained; the special damages pleaded were not considered; and costs were not awarded.…

…The appellant submits that he sought special damages, but the trial court did not award them.…

…For the appellant, the award of general damages was too low, comparative to the injuries sustained; the special damages pleaded were not considered; and costs were not awarded.…

…The appellant submits that he sought special damages, but the trial court did not award them.…

…Mutia [1985] KLR 730 (Hancox, Nyarangi JJA & Gachuhi, Ag JA), are cited on assessment of damages, particularly with respect to adoption of a global award in assessment of damages for loss of dependency. 11.…

…The appeal turns on 2 items: assessment of damages for loss of dependency and special damages. 13. Loss of dependency is recoverable under the Fatal Accidents Act.…

…Judgement was delivered on 1st July 2024, where liability was settled at 100% against the appellant, general damages were awarded at Kshs. 700,000.00, while special damages were assessed at Kshs. 10,050.00, future medical…

…The grounds, in the memorandum of appeal, dated 23rd July 2024, are around failing to appreciate the evidence while assessing general damages, awarding general damages that were excessive, and failing to exercise discretion…

…Kshs. 700,000.00 was awarded as general damages, Kshs. 2,000.00 as special damages, plus, costs and interests. It was directed that the 1st respondent would bear its own costs. 6.…

…The appellant argues around 3 issues: general damages, the interlocutory judgement against the 2nd respondent, and the trial court failing to evaluate the evidence in full.…

…The appellants argue around liability and damages.…

…On special damages, it is submitted that special damages are only recoverable if specifically pleaded and strictly proved. They cite Hahn vs. Singh [1985] KLR 716 (Kneller, Nyarangi, JJA & Chesoni Ag JA).…

…Kshs. 1,200,000.00 for general damages, Kshs. 21,960.00 for special damages and costs were awarded to the respondent. The appellant was aggrieved, hence the instant appeal.…

…an excessive amount of general damages; and failing to consider comparable awards in assessing damages.…

…Kshs. 500,000.00 was awarded as general damages for pain and suffering, and Kshs. 1,011,916.00 as special damages. Liability was assessed at 100%. The total amount came to Kshs. 1,511,916.00. 4.…

…The appellant was aggrieved, hence the instant appeal, on grounds that the special damages were awarded based on wrong principles; and the injuries pleaded were not considered in the assessment of general damages. 5.…

…General damages were awarded at Kshs. 650,00.00; Kshs. 17,158.00 special damages; plus, costs and interests. 4. The appellant was aggrieved, hence the instant appeal.…

…The grounds revolve around the judgment being contrary to the law; the award of general damages being excessive; wrong principles in assessment of physical damages being applied; the submissions by the appellant not being…

…Kshs. 1,500,000.00 for general damages, Kshs. 1,500,000.00 for loss of earning capacity, Kshs. 350,000.00 for future medical expenses, Kshs. 11,306.00 for special damages, and costs were awarded to the respondent. 3.…

…exercising discretion improperly; awarding damages for loss; and awarding damages for future earnings and loss of earning capacity against the weight of the evidence; and the judgement was against the weight of the evidence…