“"compensation"” — court decisions

Judgment[1993] KECA 9013 January 1993

Odonyo v K'ombudo

Court of Appeal at KisumuJUDGE APPEALCivil Appeal 118 of 1990

Division and case type: CivilCivil Appeal

…damages are appropriate in two classes of case: oppressive, arbitrary and unconstitutional action by the servants of Government, and conduct by a defendant calculated to make a prot for himself which may well exceed the compensation…

5 min read

Judgment[1986] KECA 211 September 1986

Jabane v Olenja

Court of Appeal at KisumuSchofield awarded Highstone Butty,Schofield,JUDGE APPEALCivil Appeal 2 of 1986

Division and case type: CivilCivil Appeal

…He assessed the compensation for this by taking Kshs 2,805 a month.…

…On that score the appellant had lost his capability for which the appellant was entitled to appropriate compensation. As Kneller JA states, we were not invited to consider an award for the particulars loss.…

appeal is allowedAllowed

Judgment[1987] KECA 6923 November 1987

Shadrack Arap Baiywo v Bodi Bach

Court of Appeal at KisumuJUDGE APPEALCase number Civil Appeal 122 of 1986

Division and case type: CivilCivil Appeal

…It appears that the respondent did not sue for the eviction of the appellant but merely for damages (a) for the value of the half-shop which was lost, (b) compensation for improvements and (c) loss of profits through interruption…

appeal failsDismissed14 min read

Judgment[1985] KECA 7615 December 1985

Madhupaper International Ltd v Kerr

Court of Appeal at KisumuMegarry,judge can under Rules,JUDGE APPEAL,Bank KCFCCase number Civil Application 116 of 1985

Division and case type: CivilCivil Suit

…So, if they were erased no amount of damages would be adequate compensation. The ex parte motion set out twelve grounds for holding that Mr Justice O’Connor erred when he refused the main application.…

application is refusedDismissed19 min read