Case law
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Division and case type: High Court Commercial and TaxCommercial Appeal
…damages; costs, and interest on the reliefs at court rates. 3.…
…Such damages are not damages at large or general damages but are in the nature of special damages and they must be pleaded and proved (see Coast Bus Service Ltd v Sisco Murunga Ndanyi & 2 others, NRB CA Civil Appeal No. 192…
Division and case type: High Court DivCivil Appeal
…In the trial court, the Respondent sued the Appellant for general damages and special damages arising from a road traffic accident that occurred on 2nd February 2016 along Mombasa Road at Mlolongo township.…
…The Appellant proposed that general damages be reduced to Kshs 500,000/=, future medical expenses to Kshs 30,000/=, diminished earning capacity to Kshs 80,000/=, and special damages to Kshs 11,900/=.…
Division and case type: High Court DivCivil Appeal
…In the trial court, the Respondent sued the Appellant for general damages and special damages arising from a road traffic accident that occurred on 2nd February 2016 along Mombasa Road at Mlolongo township.…
…The Appellant proposed that general damages be reduced to Kshs 500,000/=, future medical expenses to Kshs 30,000/=, diminished earning capacity to Kshs 80,000/=, and special damages to Kshs 11,900/=.…
Division and case type: Claims and Labour Relations DivisionClaim/Causes
…Damages totaling to Kshs. 4,200,000/= including 2 months’ notice pay,12 months compensation, payment of the remainder of the Contract and general damages for breach of contract. c.…
…hearing and this informed the Grievance committee’s decision to redeploy him, he was not demoted as he continued to enjoy his full salary and benefits and he continues to work with the Respondent to date hence his prayer for damages…
Division and case type: High Court CivilCivil Suit
…use of the infringing mark. 11.On damages, the court has powers to award damages for infringement of trade marks .…
…Damages In Lever V Goodwin 1887, 36 Ch.…
Division and case type: Employment and Labour Relations CourtClaim/Causes
…(iii) General damages for the psychological pain suffered, due to the wrongful termination of employment.…
…He contended that as he had since been jobless, he would also be claiming general damages as the court may deem fit. 5.…
Division and case type: High Court DivConstitution and Human Rights Petition (Civil)
…The petitioner seeks the following damages: Special damages General damages Exemplary damages Aggravated damages Costs and interest on (a) to (d). 3.…
…The petitioner is entitled to damages. The claim for damages 41.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…In a very brief judgement, the learned magistrate stated as follows; ‘’Damages under the Fatal Accidents and Law Reforms Act Ksh 100,000 Special damages Ksh160,500 Costs of the suit are awarded as well as interest at court…
…Courts also award damages for pain and suffering.…
Division and case type: High Court Commercial and TaxCommercial Matters
…Steven Amollo Agembo, the plaintiff’s Radio Jambo’s Program Controller, in support of the enquiry as to damages. Mr.…
…Waigwa asserted that it would be unjust to award damages for three full seasons when liability was established for only three matches, and therefore prayed that the plaintiff’s claimed damages to be adjusted accordingly.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…He claimed general damages for pain, suffering and loss of amenities, and special damages following an accident in which he was involved in on the 11/7/2016 during and in the course of his employment with the Appellant.…
…On Special Damages, it is trite law that special damages must be pleaded and strictly proved. The Plaintiff attached a receipt to the Medical Report by Doctor Okere to support the claim for Kshs.1,500/=.…
Division and case type: High Court DivCivil Appeal
…As a result, the Plaintiff suffered loss and damages and instituted this suit against the Defendants/ Appellant praying for damages against them, jointly and severally.…
…Therefore, the issues for determination by the trial were two fold i.e. liability and quantum of damages. 7.…
Division and case type: High Court DivCivil Appeal
…damages and exemplary damages, thus coming to a wrong conclusion. d) The learned trial magistrate erred in law in awarding a prayer that the appellant never prayed for, thus arriving at a wrong conclusion. 3.…
…and law by ignoring that the respondent’s pleadings are of special damages and awarding exemplary damages that were not pleaded and that were not in issue in the suit. 4.…
Division and case type: High Court DivCivil Appeal
…erred both in law and in fact by disregarding the written submissions filed by the appellant on the need to award only proven special damages, and proceeded to pronounce and make awards on special damages already paid by…
…The appellant appealed on quantum in general damages. 7.…
Division and case type: High Court DivCivil Appeal
…represent an entirely erroneous estimate of damages (Bashir Ahmed Butt vs.…
…This court will therefore uphold the award of Kshs. 20,000/= Special damages Of special damages, the appellants have stated the special damages were not proven.…
Division and case type: High Court DivCivil Appeal
…E228 of 2021 where the learned magistrate awarded the Respondent damages of Ksh 700,000.00 as general damages, Ksh. 147,920.00 as special damages and a further Ksh. 60,000.00 as future medical expenses respectively. 2.…
…A sum of Kshs. 147,920,000/- was also awarded in special damages. These awards in damages are the subject of this appeal. 4. The Appellants raised eight grounds in the memorandum of appeal.…
Division and case type: High Court DivCivil Appeal
…General damages to be assessed by this Honourble Court. b. Special damages amounting to Kshs. 2,700/= c. Costs of this suit. d. Interest on (a), (b) and (c) above at Court rates. e.…
…General damages for pain and suffering Kshs. 250,000/-. c. Special damages Kshs. 2,700/-. d. Costs of the suit and interest. 4.…
Division and case type: Environment and Land CourtELC Land Appeal
…Plaintiff has sought for special damages, general damages for trespass and loss of user. For special damages, the plaintiff has claimed Kshs. 449,642/- which includes value of trees cut from the suit land.…
…I hence allow the claim of special damages.…
Division and case type: High Court CivilCivil Appeal
…Following hearing the trial magistrate entered judgment on 29.5.23 in favour of the Appellant as follows: Liability against the Respondent 90% General damages Kshs. 450,000/= Special damages Kshs. 31,560/= Future medical…
…Being aggrieved by the quantum of damages, the Appellant preferred the Appeal herein, the grounds of which are reproduced hereunder: The Learned Trial Magistrate erred in fact and in law in making an award for General damages…
Division and case type: High Court DivCivil Appeal
…She awarded the respondent Kshs 350,000/- for general damages and Kshs 7,400/- as special damages.…
…However, the appellant’s grounds of appeal only challenge damages awarded by the trial court. Therefore, in my view, the only issue for consideration is the award of damages.…
Division and case type: High Court DivCivil Appeal
…Mburu, SPM) delivered a judgment on 29th March 2023, awarding the Appellant Kshs.500,000/- in general damages for pain, suffering, and loss of amenities, and Kshs.124,295/- in special damages (subject to liability). 3.…
…. and substituted thereof with an award of the Kshs.750,000/=. d) The award of Kshs.124,295/- in special damages is upheld as it was not contested. e) The above amounts (general damages + special damages) shall be subject…