Case law
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Division and case type: CivilCivil Appeal
…He also awarded general damages in the sum of shs 3,000. It is the above findings that have prompted this appeal.…
…(4) Was there any basis for the trial courts’ award of general damages?…
Division and case type: CivilCivil Appeal
…She blamed the appellant for these injuries and claimed damages in respect thereof from the appellant.…
…These grounds are mainly on liability and quantum of damages.…
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
…Moreover the attitude towards damages of the learned Judge is surely misconceived.…
…It is difficult to see how the learned Judge envisaged the assessment of damages.…
Division and case type: CivilCivil Appeal
…The plaintiff’s claim is that he has suffered loss and damage and, therefore, he claims general and special damages.…
…The latter had brought a suit against his employer claiming general damages, and special damages of Kshs 1,516.05 for wrongful dismissal. The High Court dismissed this suit with costs.…
Division and case type: CivilCivil Appeal
…he granted the respondent the interlocutory injunction that he had sought on the usual undertaking as to damages.…
…To my mind, the loss to the plaintiff cannot be compensated for in damages.…
Division and case type: CivilCivil Appeal
…defendant do forthwith hand over all stocks of the company’s products and if necessary the company to refund to the defendant the cost of such stock pursuant to the agreement and an order directing the defendant to pay damages…
…He counter claimed general and special damages on ground of alleged breach of clause 2(d) of the agreement.…
Division and case type: CivilCivil Suit
…He found that the company could be adequately compensated in damages by the Bank and KCFC if the company succeeded in proving its claims in the trial of the action.…
…The damages were quantifiable and the Bank and KCFC had the assets to cover them.…
Division and case type: CivilCivil Appeal
…filed under order XXXVI Rule 3 C(1) of the Civil Procedure Rules and Section 3A of the Civil Procedure Act, the respondent applied to the court for extension of the Limitation period to enable him to file suit claiming damages…
…There is an exception to this section in section 27 which provides: Section 27 (1)Section 4(2) does not afford a defence to an action founded on tort where:- a)the action is for damages for negligence, nuisance or breach…
Division and case type: CivilCivil Appeal
…appeal raises a short issue which is: Can an insurer (or a tortfeasor) who is dealing with the advocates for the injured party upon settlement of claim, pay directly to the injured party, the sum in respect of the claim for damages…
…The advocate after deducting his fees (including advocateand client element thereof) is bound to pay the balance of the awarded or agreed damages to his client.…
Division and case type: CivilCivil Appeal
…Gideon Gitau Ndatha (the appellant) filed proceedings against Rosaline Mary Osborn (the respondent) to recover damages for personal injuries alleged to have been sustained in a collision involving the appellant and a vehicle…
…He then sets out particulars of negligence, injuries and of special damages.…
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: GeneralUnclassified
…some merit in the first ground, but since the applicant did not in his plaint seek the equitable relief of specific performance, it would seem to us that it can not be said that the appeal if successful, would be nugatory, damages…
Division and case type: CivilCivil Appeal
….…..RESPONDENT (Appeal from the High Court at Kisumu, Butler-Sloss J) JUDGMENT Platt JA The appellant, Shadrack Arap Baiywo, had been sued by the respondent Bodi Bach, for damages, because the appellant had first sold to…
…The form of the application appears to follow order IXA rule 5 of the Civil Procedure Rules, whereby interlocutory judgment was prayed for, pending the matter being set down for the assessment of damages.…
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: Environment and LandLand Case
…This contract provides which is for a stated period provides for its termination and the damages which the applicant will suffer if it is shown that the respondent had wrongfully terminated the contract, can be easily assessed…
Division and case type: CivilMiscellaneous Application
…XXXIX rules 2, 5 and 9 of the Civil Procedure Rules (cap 21) and section 3A of the Civil Procedure Act (cap 21) on November, 10 1983, for an injunction to restrain the Law Society from impeding his progress to enrollment, damages…
…its issue delayed because the court offices are closed: Carr v Morice (1873) LR Eq 125; Campana v Webb (1874) 22 WR 622; Chanhoch v Hertz (1888) 4 TLR 331: or the applicant gives, in addition to the usual undertaking in damages…
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 plaintiff also claimed general damages suffered by it in its standing as a Road Contractor of repute with the Insurance Company which issued the Performance Bond, and other Insurance Companies, which had been adversely…
…The disputes between the parties were about the expenses incurred and damages suffered as a result, and work done as per certificate number 3 which had not been paid for (paragraphs 7, 8 and 12 of plaint).…
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.”…