Search court decisions

…The Court of Appeal for East Africa affirmed the principle that general damages for breach of contract are not allowed in addition to quantified or special damages.…

…From the foregoing, it is evident that the court will not award general damages for breach of contract but will instead award special damages.…

…The Court of Appeal for East Africa affirmed the principle that general damages for breach of contract are not allowed in addition to quantified or special damages.…

…From the foregoing, it is evident that the court will not award general damages for breach of contract but will instead award special damages.…

…The plaintiff sought a declaration that his contract with the defendant had been rescinded due to breach of contract by the defendant.…

…The plaintiff stated that there was breach of contract on the part of the defendant and on that basis the plaintiff had established locus standi. Analysis and determination 3.…

…As to whether the plaintiff is entitled to general damages for breach of contract, I refer to the decision in Dharamshi V Karsan, [1974] EA 41.…

…In that case, the Court of Appeal for East Africa affirmed the principle that general damages for breach of contract are not awarded in addition to quantified or special damages.…

…of contract between the plaintiffs’ and the defendants; b) General damages for breach of contract; c) General damages for loss of business and income/earnings; d) General damages for inconvenience; e) Special damages in…

…The plaintiffs sought general damages for loss of business allegedly suffered due to breach of contract. However, it is trite law that general damages are not awardable in cases of breach of contract.…

…The plaintiff instituted this suit on 15th April 2019 against the defendant, seeking special damages of Kshs. 612,306,077.60, general damages for breach of contract, interest at commercial rates, and costs. 2.…

…To establish a breach of contract, the plaintiff must first prove the existence of a valid and enforceable contractual obligation.…

…The dispute before the Court is premised on an alleged breach of contract. Through an amended plaint dated 6th July 2022, the plaintiff seeks special damages for breach of contract.…

…The totality of the foregoing is that the plaintiff has provided sufficient proof and I do find that there is ample evidence of breach of contract. 17.…

…The dispute before the Court is premised on an alleged breach of contract. Through an amended plaint dated 6th July 2022, the plaintiff seeks special damages for breach of contract.…

…The totality of the foregoing is that the plaintiff has provided sufficient proof and I do find that there is ample evidence of breach of contract. 17.…

…Payment for all other direct expenses that the plaintiff has incurred as a result of the 1st defendants breach of contract; xii. General damages for breach of contract; and xiii. Costs and interest. 8.…

…If so, whether there was breach of the said contract?; iii.…

…As to the claim for general damages for breach of contract, the Court of Appeal for East Africa in Dharamshi V Karsan, [1974] EA 41 held that the object of damages for breach of contract was to restore the claimant as nearly…

…The Court held that: “As a general principle, the purpose of damages for breach of contract is, subject to mitigation of loss, the claimant is to be put as far as possible in the same position he would have been if the breach…

…A declaration that the actions of the Defendant in cancelling the Plaintiff tender awarded dated 11th June 2012 amount to breach of contract. ii.…

…The Defendant vehemently denied any breach of the Contract. 12.…

…Analysis and Determination Breach of contract by the Defendants: 10.…

…Remedies for Breach of Contract: 18. The general principal with respect to remedies by way of damages for breach of contract is as enunciated in Dharamshi V Karsan, [1974] EA 41.…

…In that case, the Court of Appeal for East Africa affirmed the principle that general damages for breach of contract are not awarded in addition to quantified or special damages.…

…From this, it is clear that the court will not award general damages for a breach of contract but will instead award special damages, which must be precisely calculated and substantiated.…

…Whether the defendant was in breach of contract by failing to pay the full contract sum. iv. Whether the plaintiff is entitled to the claimed sum and reliefs sought. v.…

…The plaintiffs claim against the defendant is one of breach of contract where the plaintiff faults the defendant for failing to complete the payment of the works performed by the plaintiff despite it finishing the project…

…From my reading, the dispute in HCCOMM E001/2024 pertains to an alleged breach of contract involving the sourcing, transportation, storage, and clearance of a gold consignment, with claims for demurrage charges amounting…

…The plaintiff herein is not a party to the earlier suit, and the nature of the dispute, being a breach of contract involving gold consignment logistics and demurrage charges, is materially different from the present claim…

…The plaintiff instituted the present suit against the defendants vide a plaint dated 1st August 2022, seeking damages for breach of contract. The suit was defended vide a statement of defense dated 29th September 2022.…

…the breach of contract. 43.…

…Subsequently, the plaintiff filed this suit claiming a total of USD 2,111,284.24 for alleged breach of contract. 4.…

…The defendant argues that there is contention regarding the breach of contract as claimed and the plaintiff's entitlement to USD 2,111,284.24.…

…In particular, they contend that general damages are not awardable for breach of contract.…

…Whether Femina is entitled to general damages for breach of contract, damages for lost opportunity and exemplary and/or punitive damages. iv.…

…In addition, it asserts that Thika Coffee Mills seeks to recover USD 5,839,073.56 from the defendants in the present suit, alleging breach of contract and inducement to breach agreements.…

…The present suit is against the defendants and seeks USD 839,093.56 based on an alleged breach of contract by the Society for failing to deliver coffee as agreed.…

…The Respondent therefore maintains that the determination of when the alleged fraud or breach of contract occurred is a factual question that can only be resolved upon the tendering of evidence at trial.…

…Even though the cause of action rests substantially on breach of duty as well as breach of contract, by pleading the element of fraud on the face of the plaint and particularizing the acts set out therein, the Respondent…