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…S. 339(1) Penal Code under which the appellant was charged reads in pertinent parts: “Any person who willfully and unlawfully destroys or damages any property is guilty of an offence.…

…The background of this matter is that the applicant acted for the respondent in an accident claim that occurred in 1979 in which the applicant received Shs. 800,000/- as damages.…

…We have been informed that damages have been agreed. This will carry interest from the date of judgment to the date of payment in full at court rates. Platt JA. I agree with the conclusion reached by Gachuhi JA.…

…The particulars of negligence contained in the plaint were denied by the written statement of defence and the suit went onto trial on the issue of liability as the learned counsel agreed on quantum of damages.…

…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 suered 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…

…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 suered 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…

…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 suered 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…

…100,000 be paid over within14 days of today’s date; 2) The sum of Kshs 120,000 be secured by banker’s guarantee within the same period; 3) The respondent shall give a written undertaking to reimburse the applicant if the damages…

…On the other hand, if the plaintiff is eventually able to establish his case against the second defendant or any other defendant, his remedy will be in damages.…

…The plaintiff can therefore adequately be compensated by an award of damages.…

…General damages: I have already held that the defendantdeliberately created difficult conditions for the plaintiff andturned round and used them to dismiss him. it is the defendantwho was in breach of the contract of employment…

…Shs. 9,200/ (3) General damages................... Shs.53, 275/- With interest from the date of this judgment/ There will be judgment for those figures and costs of the suit.…

…In the alternative the respondent claimed Shs 436,000/- by way of damages, that sum being the value of the motor vehicle.…

…He deposed further that he was never awarded damages on account of the defendant’s occupation of his property and that he is being prejudiced without any route to adequate compensation from this court.…

…As parting shots, rst, the applicant seemed to lodge a complaint that for reason of not having been awarded general damages for him not using the suit land but the judgment debtor, the court should act rmly as it gave a…

…He further submitted that although the suit property may have been lost, the appellant needs an opportunity of being heard on a possible alternative claim of damages and, also, on the counterclaim.…

…We note that no damages are claimed in the plaint.…

…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 suered 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…

…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 suered 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…

…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 suered 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…

…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 suered 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…

…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 suered 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…

…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 suered 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…

…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 suered 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…