Case law
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Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Case
…defendants case was that the goods it was carrying belonged to known people who had hired the motor vehicle to transport the same from Nakuru District to NaAitr otbhie. trial of the suit a part from the issue of quantum of damages…
…That now leaves me with the question of general damages and costs.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: Environment and LandPetition
…Counsel further submitted that the Petitioner had admitted that it is not in possession of the suit properties, thus there is no irreparable harm to be suered that cannot be compensated by way of damages (Christopher Chepkiyeng…
…Kogo Vs Frank Kimeli Tenai (2018) eKLR provides an explanation for what is meant by irreparable injury and it states that: “Irreparable injury means that the injury must be one that cannot be adequately compensated for in damages…
Division and case type: CivilCivil Appeal
…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…
Division and case type: CivilCivil Appeal
…It follows that once an employee has been dismissed, whether rightly or wrongly, the dismissal stands, and if the contract has been broken by the employer, damages for breach of contract is the remedy to which the employee…
Division and case type: CivilCivil Appeal
…He sued the Chief Justice for the alleged libel seeking damages. But even before filing his defence, the Chief Justice counter-attacked.…
Division and case type: CivilCivil Appeal
…The alternative remedies available to the petitioner which Sachdeva J canvassed, were a common law action for damages, rectification of the register, an action for appropriate declarations, and finally, a petition under section…
…It is true that passage was referring to the question of whether the party concerned could be compensated in damages on an interlocutory injunction, but it is in my view an admirable statement of the correct approach to an…
Division and case type: Anti-CorruptionCivil Appeal
…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…
Division and case type: CivilCivil Appeal
…It is the same with any damages due in consequence of pecuniary prejudice caused to other persons, the maintenance of his wives, whose marriage remains in suspense, and the maintenance of his ascendants and descendants.”…