Case law
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Division and case type: CivilCivil Appeal
…NO. 114 OF 1992) ************************** JUDGEMENT OF THE COURT This is a second appeal from the decision of the Resident Magistrate’s Court in Nairobi by which the respondent was awarded Shs.85,000/- as general damages…
…General damages are not recoverable. In the result, this appeal is allowed, the judgment and decree of the Resident Magistrate is set aside and substitute therefor an order dismissing the respondent’s claim with costs.…
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
…damages for mental anguish and apprehension of possible arrest for being illegally in Kenya or working without a work permit.…
…He also made submissions for an award of general damages for mental anguish and apprehension of possible arrest.…
Division and case type: CivilCivil Appeal
…There was also a claim for general damages.…
…The memorandum of appeal contains 14 grounds of appeal but looking at them closely the appellant's complaints relate to: (1) The sum of shs.1,080,000/- awarded as general damages for loss of business. (2) Shs.60,000/- for…
Division and case type: CivilCivil Appeal
…Giving the best consideration to this aspect of the case, we thing that the figure of general damages for pain, suffering and loss of amenities should be reduced by one-half to shillings 600,000/=.…
Division and case type: CivilCivil Appeal
…The agreed general damages for pain and suffering and loss of amenities was £120,000.…
…General damages for pain and suffering and loss of amenities was in December 1982 assessed at £50,000.…
Division and case type: CivilCivil Appeal
…Giving the best consideration to this aspect of the case, we thing that the figure of general damages for pain, suffering and loss of amenities should be reduced by one-half to shillings 600,000/=.…
Division and case type: CivilCivil Appeal
…Theplaintiffs still claimed general damages injunction and costs. But they did not claim any special damages. The defendant filed an elaborate amended defence to the amended plaint.…
…Dhanji took a preliminary point to the effect (as far as can be made out from the notes made by the learned judge) that there can be no claim for general damages for inducing a breach of contract and that special damages…
Division and case type: Environment and LandLand Case
…The respondent commenced proceedings in the superior court for damages for breach of contract, specific performance of the contract by execution of all necessary documents, general damages, exemplary damages, interests and…
…The applicant seeks an order for stay of execution of the interlocutory judgment in the sum of shs. 11,800,000/- as well as setting down the suit for hearing by way of formal proof for assessment of general and exemplary…
Division and case type: CivilCivil Case
…That now leaves me with the question of general damages and costs.…
…So the plaintiff prays for judgment for that sum as general damages.…
Division and case type: CivilCivil Appeal
…He then proceeded to award the respondent general damages of Shs. 35,000/- for pain and suffering. Dissatisfied with this decision, the appellant appeals to this court and puts forward seven grounds of appeal.…
…In regard to general damages, counsel was of the view that the award by the lower court was modest and that this court should not interfere with it.…
Division and case type: CivilCivil Appeal
…He has also sought special and general damages and an order for specific performance of the agreement of sale.…
Division and case type: CivilCivil Appeal
…He has also sought special and general damages and an order for specific performance of the agreement of sale.…
Division and case type: CivilCivil Appeal
…In answer to those claims Mr Sampson held that the Appellant had not proved that he was entitled to any general damages for wrongful dismissal because it was not wrongful termination which had caused the Plaintiff to be unemployable…
…We take it that there is no appeal against the finding that the Plaintiff/Appellant is not entitled to an award for general damages.…
Division and case type: CivilCivil Appeal
…He assessed either shs 40 nominal damages or (shs 1,500) general damages. He did so, not being sure that Gibbons v Westminster Bank [1939] 2 K.B. 882 would be followed in Kenya.…
…One would have thought that the result would have been that the plaintiff, a trader, would have received general damages. Not so, he received nominal damages because the had proved no actual damage.…
Division and case type: CivilCivil Appeal
…appeal is allowed only to the extent that the award of shs.80,000/= made under the Law Reform Act is set aside and there will be judgment for the respondent against the appellant in the sum of shs.460,500/= as follows: General…
…Damages - shs.432,000/= Special Damages - Shs. 28,500/= ------------- Total Shs.460,500/= ------------- The sum of shs.28,500/= will carry interest at 12% per annum from 15th September, 1989 until the date of payment and…
Division and case type: CivilCivil Appeal
…The superior court had before it the task of assessing general damages under the two aforesaid Acts, and special damages. We will first deal with the claim under The Fatal Accidents Acts.…
Division and case type: CivilCivil Appeal
…decree of the High Court of Kenya at Nairobi (Mr Justice William Mbaya) dated 17th October, 1985 in HCC No 2153 of 1979) ***************************** JUDGMENT This appeal arises from the dismissal of a claim for inter alia general…
…damages prayed for in respect of sustained injury to the appellant’s (plaintiff’s) character, reputation and business credit, and the exposure to the suspicion, ridicule, contempt and disesteem of right thinking members…
Division and case type: CivilCivil Appeal
…We allow the appeal on this point, set aside the Shs.200,000/- and substitute therefor the sum of Shs.500,000/- as general damages for pain suffering and loss of amenities.…
Division and case type: CivilCivil Appeal
…On 14th August, 1991 an interlocutory judgment was entered in that case for the respondent and on 17th January, 1992 damages were assessed as follows:- (a) General damages for pain, suffering and loss of amenities: Kshs 600,000…