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
…Consequently there being no defence, judgment was entered as prayed in the plaint, but damages were to be assessed later.…
…Mr Commissioner Sampson calculated the damages as amounting, in all, to Shs 71,312/-, in accordance with the findings of Mr Justice J.S.Patel.…
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 Case
…defendants case was that the goods it was carrying belonged to known people who had hired the motor vehicle to transport the same from Nakuru District to NaAitr otbhie. trial of the suit a part from the issue of quantum of damages…
…That now leaves me with the question of general damages and costs.…
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
…Nduhiu asked the High Court for orders that Mwotia should vacate Ruguru Kiamariga 328 in Ruguru location, Nyeri, pay him general damages for fifteen years unlawful occupation of it and the costs of the suit.…
…This led to Nduhiu suffering loss and damages. No particulars were supplied.…
Division and case type: CivilCivil Appeal
…The quantum of damages for the loss of an eye was a matter of public importance in view of the widely disparate awards that have so far been given in Kenya, and that he should, at the very least, be given an adjournment to…
Division and case type: CivilCivil Appeal
…It follows that once an employee has been dismissed, whether rightly or wrongly, the dismissal stands, and if the contract has been broken by the employer, damages for breach of contract is the remedy to which the employee…
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.…
Division and case type: CivilCivil Appeal
…He sued the Chief Justice for the alleged libel seeking damages. But even before filing his defence, the Chief Justice counter-attacked.…
Division and case type: CivilCivil Appeal
…The alternative remedies available to the petitioner which Sachdeva J canvassed, were a common law action for damages, rectification of the register, an action for appropriate declarations, and finally, a petition under section…
…It is true that passage was referring to the question of whether the party concerned could be compensated in damages on an interlocutory injunction, but it is in my view an admirable statement of the correct approach to an…
Division and case type: CivilCivil Appeal
…It is the same with any damages due in consequence of pecuniary prejudice caused to other persons, the maintenance of his wives, whose marriage remains in suspense, and the maintenance of his ascendants and descendants.”…