Search court decisions

…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.…

…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.…

…Her two sons (the repondents) filed suit in the superior court claiming damages under The Law Reform Act and The Fatal Accidents Act (chapters 26 and 32 respectively of The Laws of Kenya).…

…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.…

…Justice Juma) in Nairobi on 27th June, 1996 by which the respondent was awarded damages under the Fatal Accidents Act and the Law Reform Act arising out of the death of her husband in a road traffic accident which occurred…

…The learned judge whilst awarding damages under this head said that the decision in the case of Hintz vs.…

…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.…

…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.…

…No general damages are payable for dismissal of a servant. In the end result we dismiss this appeal with costs. Dated and delivered at Nairobi this 1st day of March, 1996. R. O. KWACH ………………………. JUDGE OF APPEAL P.K.…

…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.…

…On the 29th day of December, 1995 the plaintiff filed a 15 page plaint against the defendant claiming the following reliefs: "(a) Declarations in terms of paragraph 13 `above' and directions and judgment for loss and for damages…