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…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.…

…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 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 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.…

…(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.…

…He brought an action for damages for negligence against the driver and owners of the articulated vehicle.…

…This does not mean that damages can be recovered twice over but that if damages recovered under Law Reform Act devolve on the dependants the same must be taken into account in reduction of the damages recoverable under the…

…In any event the tenancy would be subject to notice of two months and damages should have been restricted to that period. (At most the damages should have been nominal).…

…I would agree with the appellant that in principle the respondent was not entitled to any damages. Moreover no profits were proved on the basis of which damages could be assessed.…

…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…

…Then there is the issue of special damages in the sum of Shs. 11,800,000/-.…

…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?…

…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/=.…

…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.…

…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.…

…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.…

…On damages, we can only interfere with the award of the Judge if it be shown to us that in arriving at the figure he awarded, the learned Judge took into account an irrelevant matter which he ought not to have considered,…

…that he failed to take into account a relevant matter which he ought to have taken into account or short of these two, that the award is so inordinately high or low that it represents a wholly erroneous estimate of the damages…

…On damages, we can only interfere with the award of the Judge if it be shown to us that in arriving at the figure he awarded, the learned Judge took into account an irrelevant matter which he ought not to have considered,…

…that he failed to take into account a relevant matter which he ought to have taken into account or short of these two, that the award is so inordinately high or low that it represents a wholly erroneous estimate of the damages…