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
…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.…
Division and case type: CivilCivil Appeal
…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.…
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 Appeal
…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.…
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: 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
…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.…
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…