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…for the injury to his right thumb at Shs 70,189.00, to include Shs 1,326.50 by way of special damages, but discounting Shs 1,137.25 paid under the Workman’s Compensation Act Cap 234.…

…The judge assessed damages at Kshs 70,189.25 for which sum he entered judgment for the plaintiff together with interest and costs of the suit.…

…The award of damages is a matter within the discretion of the trial court.…

…It was thus relevant to the assessment of damages for the purpose not of minimizing the damages, as the learned judge held, but for enhancing them. 5.…

…The applicant will give a written undertaking guaranteed by a bank or an insurance company in damages.…

…In the case of the sale of immovable property it is a great hardship to lose it, and damages are not usually a suitable compensation.…

…The third, fourth and sixth grounds of appeal are that the plaintiff failed to prove the damages claimed by it; that it failed to mitigate the damage, and that interest on damages was wrongly awarded.…

…The plaintiff was therefore entitled to damages, basically for breach of contract, but also in sounding in detinue. But the measure of damages must be subject to some restraint.…

…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…

….…..RESPONDENTS JUDGMENT This is an appeal from the award of damages made by the High Court in a personal injury suit.…

…If as seems clear he did, he must have awarded the appellant less damages than he would otherwise have felt disposed to award.…

…Either interlocutory judgment has been entered and damages remain to be assessed, or there is an ex parte hearing of all the issues on liability and damages.…

…The appeal, concerns the assessment of general damages of Kshs 30,000; special damages of Kshs 1,010 not being disputed.…

…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…

…In my own judgment, therefore, I would award him a sum of Shs 750,000/= as general damages for pain, suffering and loss or amenities, on top of which I would add Kshs 13,050/=, being special damages and enter judgment for…

…In plain language, the appellant is simply asking this Court to reduce the amount of damages awarded to the respondent by the trial judge because in the view of the appellant, those damages are so excessive that they amount…

…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…

…In a claim by an employee against his employer for damages for wrongful dismissal, such damages are limited to the amount the employer would have been obliged to pay if he had brought the contract to an end in accordance…

…The agreed general damages for pain and suffering and loss of amenities was £120,000.…

…The damages awarded under this head in the past judgements are between Shs. 300,000 and Shs. 600,000. The damages Cockar J. awarded under this head was in excess and outside the bracket of decisions of this court.…

…There is a claim for special damages as well as general damages.…

…In these circumstances I would hold that the appellant has failed to prove anything in the nature of special damages. He is in judgment entitled to damages by way of general damages only.…

…There is no appeal before us against liability as judgment on liability was entered by Consent and the suit proceeded only on assessment of damages.…

…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/=.…

…The judge decided to proceed with the assessment of damages.…

…The judge did not accomplish the task he set out to do; he did not asses damages.…

…The learned judge however refused to order specific performance of the contract as had been sought by the appellant and also declined to award any damages for such breach of contract as in his view no damages had been proved…

…Rather the only issue left is that of the refusal of the superior court to award damages to the appellant. As regards damages the trial court stated the following:- “The plaintiff claims damages for breach of contract.…

…He awarded the appellant general damages in the sum of Kshs 250,000/- for the injuries she sustained as a result of the accident. He also awarded special damages in the sum of Kshs 60,750/- and 9,604,600 Italian Lira.…

…The appeal is therefore on quantum of general damages and date of conversion of the Italian Lira in respect of the special damages awarded by the superior court in foreign currency.…

…(c)Was Shs 10,000.00 a week damages for delay a panel clause?…

…Turning to damages, Mr. Esmail claimed the evidence of Mrs Hepple and Mr Levitan was too thin to amount to proof of the sum claimed as damages. There was no attempt to persuade Sarikas to submit their unit rates.…

…He awarded damages to the appellant.…

…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.…

…In its turn, the second respondent stated in its defence that it had bought the machine from Karugu Contractors and raised a counterclaim for damages for loss of business.…

…The Judge granted a stay on condition that the defendants paid a sum of Shs.720,000/-, being 10% of the damages awarded, to the appellant's Advocates.…

…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.…