“"compensation"” — court decisions

Judgment[1986] KECA 6620 October 1986

Abdalla Hussein Kilo v Kombo Kassim Omar & another

Judgment[1987] KECA 6923 November 1987

Shadrack Arap Baiywo v Bodi Bach

Court of Appeal at KisumuJUDGE APPEALCase number Civil Appeal 122 of 1986

Division and case type: CivilCivil Appeal

…It appears that the respondent did not sue for the eviction of the appellant but merely for damages (a) for the value of the half-shop which was lost, (b) compensation for improvements and (c) loss of profits through interruption…

appeal failsDismissed14 min read

Judgment[1985] KECA 499 September 1985

Southern Engineering Company Ltd v Mutia

Court of Appeal at MalindiJudge expressly referred Law,JUDGE APPEAL,Gautama,Inamdar,Andrew Muli,Muli,Brahmbhatt,It,These,Talati,BurbidgeCase number Civil Appeal 46 of 1983

Division and case type: CivilCivil Appeal

…It is now settled law that what the appellant was entitled to was fair or reasonable compensation assessed with moderation and in conformity with the general method of approach local courts have taken.…

15 min read

Judgment[1987] KECA 7627 September 1987

Securicor (Kenya) Ltd v EA Drapers Ltd & another

Court of Appeal at MombasaGautama,judge held Securicor,JUDGE APPEAL,ItCase number Civil Appeal 67 of 1985

Division and case type: CivilCivil Appeal

…the learned trial judge found that the first defendant, was not liable on the exemption clauses contained in the warehouse warrants, and indeed Securicor was an independent contractor, to whom the plaintiff must look for compensation…

14 min read

Judgment[1985] KECA 1229 September 1985

KITAVI v COSATAL BOTTLERS LIMITED

Court of Appeal at MalindiBhandari,judge erred awarding Kshs,Bhandari KshsCase number Civil Appeal 69 of 1984

Division and case type: CivilCivil Appeal

appeal is allowedAllowed15 min read

Judgment[1985] KECA 11615 December 1985

Madhupaper International Limited v Kerr

Court of Appeal at KisumuMegarry,judge can under Rules,Bank KCFCCase number Civil Miscellaneous Application 116 of 1985

Division and case type: CivilMiscellaneous Application

…So, if they were erased no amount of damages would be adequate compensation. The ex parte motion set out twelve grounds for holding that Mr Justice O’Connor erred when he refused the main application.…

application is refusedDismissed19 min read

Judgment[1985] KECA 7615 December 1985

Madhupaper International Ltd v Kerr

Court of Appeal at KisumuMegarry,judge can under Rules,JUDGE APPEAL,Bank KCFCCase number Civil Application 116 of 1985

Division and case type: CivilCivil Suit

application is refusedDismissed19 min read

Judgment[1983] KECA 12123 May 1983

M’Ikiara M’Mukanya & another v Gilbert Kabere M’Mbijiwe

Court of Appeal at NairobiJudge erred LawCase number Civil Appeal 13 of 1980

Division and case type: CivilCivil Appeal

…The litigation between the parties began in the middle of November 1972 when M'Mbijiwe filed a plaint claiming an eviction order against M'Mukanya and Nyamu from Plot 58 Nkubu Market, Meru and compensation for wrongful damage…

24 min read

Judgment[1990] KECA 5725 February 1990

Kenya Meat Commission v Richard Ambogo Raden

Court of Appeal at Commissionjudge assessed damages Kshs,JUDGE APPEALCase number Civil Appeal 40 of 1989

Division and case type: CivilCivil Appeal

…found for the plaintiff on liability and assessed the damages for the injury to his right thumb at Shs 70,189.00, to include Shs 1,326.50 by way of special damages, but discounting Shs 1,137.25 paid under the Workman’s Compensation…

28 min read