Search court decisions

…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.…

…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.…

…Mr Gatonye complained further that the learned trial judge misdirected himself by awarding special damages without proof thereof. We appreciate that as a matter of practice, special damages should be pleaded and proved.…

…However, there are cases where awards can be given as special damages. For instance in injury claims special damages may be awarded for future unquantifiable expenditure arising after judgments.…

…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.…

…The appellant deponed that on 14th April 1988, his son drowned in a pit dug by the second respondent at a school owned by the first respondent His intention right from the beginning was to sue both respondents to recover damages…

…In that case, the appellant had applied to a judge ex parte under section 28 of the Limitation of Actions Act (cap 22) to be granted leave to file a suit for damages against the respondents.…

…The reliefs sought were for an injunction to restrain the appellants and the County Council and their agents, from occupying the land; for damages; and for compensation for the loss of use by the respondent of her land.…

…The reliefs were for an injunction to restrain the appellants and curiously, also the County Council and their agents, from occupying the land; for damages; and for compensation for the loss of use by the respondent of her…

…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…

…termination of the retainer, in respect of any information acquired during the course of and by virtue of the retainer and the Court will restrain the solicitor by injunction from any breach likely to damnify the client and award damages…