Case law
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Division and case type: CivilCivil Appeal
…Taking into account all injuries suffered by the respondent and keeping in mind the principles of assessment of such damages and also fall in value of money we assess the damages for pain, suffering and loss of amenities…
…The damages under the head of "loss of earning capacity" can be classified as general damages but these have also to be proved on a balance of probability.…
Division and case type: CivilCivil Appeal
…Mr Justice Bhandari gave judgment and made these awards in the High Court at Mombasa on April 30, 1984: Kshs Net special damages 13,150 Loss of future earnings 63,000 General damages 250,000 Total 326,150 The appellant has…
…The only issue was the quantum of damages, special and general, the respondent should pay the appellant.…
Division and case type: CivilCivil Appeal
…Njuguna’s main argument simply is that when damages are an adequate remedy and that when mode of calculating such damages is agreed, the court ought to consider that damages are an adequate remedy.…
…Njuguna took exception to there being no undertaking as to damages given by the respondent should she not succeed eventually.…
Division and case type: CivilCivil Suit
…Issue No.4: Did the Plaintiff suffer loss and damages asparticularized in paragraphs of the Plaint? I find that the Plaintiff may have suffered loss and damagebut proof of such loss is strict.…
…As this was dispensed with actualproof of loss and damages should have been given on oath by thePlaintiff. He failed to do so.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…included an injunction restraining the appellant from terminating his licence or interfering with the running of the station; a declaration that the Agreement entered into between him and the appellant is unconscionable and damages…
…The conditions are: (1) the probability of success; (2) irreparable harm which would not be adequately compensated for by damages; and (3) if in doubt, then a balance of convenience.”…
Division and case type: CivilCivil Case
…DEFENDANT JUDGMENT This is a suit for damages, special and general, costs and interest. The plaintiff is Bachitter Singh Chase. The defendant is Barclays Bank Limited, his former employers.…
…Consequently, he argued, his dismissal was wrongful as entitles him to damages. He does not think the allegations which the defendant relied upon to dismiss him had any basis.…
Division and case type: Environment and LandPetition
…Counsel further submitted that the Petitioner had admitted that it is not in possession of the suit properties, thus there is no irreparable harm to be suered that cannot be compensated by way of damages (Christopher Chepkiyeng…
…Kogo Vs Frank Kimeli Tenai (2018) eKLR provides an explanation for what is meant by irreparable injury and it states that: “Irreparable injury means that the injury must be one that cannot be adequately compensated for in damages…
Division and case type: CriminalCriminal Appeal
…Counsel further submitted that the Petitioner had admitted that it is not in possession of the suit properties, thus there is no irreparable harm to be suered that cannot be compensated by way of damages (Christopher Chepkiyeng…
…Kogo Vs Frank Kimeli Tenai (2018) eKLR provides an explanation for what is meant by irreparable injury and it states that: “Irreparable injury means that the injury must be one that cannot be adequately compensated for in damages…
Division and case type: CivilCivil Appeal
…The plaintiff EA Drapers Limited had sued Combined Warehouses Limited as first defendant for damages.…
…That sum was claimed as damages.…
Division and case type: CivilCivil Appeal
…This appeal arises from a suit Kabugu Mutua instituted in the superior court for damages for the injuries he sustained in that accident.…
…He then proceeded to assess damages which he would have awarded had the action succeeded. The figure he assessed is not material considering what I propose to say hereafter.…