Case law
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Division and case type: CivilCivil Case
…She prayed for compensation as per her pleadings in court. As was rightly stated by the plaintiff in the counterclaim, the claims in the plaint or amended plaint were not proved against her.…
Division and case type: CriminalCriminal Appeal
…regards the robbery charge the complainant’s cattle had apparently strayed into the appellant’s land and caused damage for which the appellant impounded them and refused to release them to the complainant’s wife, demanding compensation…
Division and case type: CivilCivil Case
…It is only by adding up the awards in both cases cited by Mr Ringera that one gets roughly closer (if that is possible) to “compensation which would give the injured reparation for the wrongful act and for all the material…
Division and case type: Milimani Commercial CourtsUnclassified
…However, in paragraph 6 and 8 of the plaint, the respondent averred that he had traveled on several occasions to Mombasa to pursue the delivery of the motor vehicle and craved for the court to award him compensation for the…
Division and case type: CivilCivil Suit
…Mr A M Nathwani, one of the partners of Tononoka Haulage Contractors testified that that firm compensated the ultimate consignee for the loss thus sustained and in its turn deducted the amount of the compensation thus paid…
Division and case type: CivilCivil Case
…city commission, one for grocery and the other in the name of the plaintiff’s daughter for gruel and cooked mixed vegetables. 3 The kiosk was constructed. 4 That part of the kiosk was demolished on September 8, 1983. 5 No compensation…
…In other words they are awarded in order to punish the defendant in an exemplary manner and not as a compensation to the plaintiff.”…
Division and case type: CivilCivil Appeal
…damages are appropriate in two classes of case: oppressive, arbitrary and unconstitutional action by the servants of Government, and conduct by a defendant calculated to make a prot for himself which may well exceed the compensation…
Division and case type: Milimani Commercial CourtsCivil Case
…What I have to determine under this head of damage is a fair and reasonable compensation for the plaintiff. Before doing this, I must state briefly the injuries he suffered.…
…I must now answer the not-too-easy question; what will be a fair and reasonable compensation to award the plaintiff for his pain and suffering and loss of amenities?…
Division and case type: CivilCivil Appeal
…He had also prayed, presumably in the alternative, for, inter alia, a declaration of entitlement to half the value of the suit premises and compensation for improvements.…
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
…Where a party has been deprived of land or movable property and receives a monetary award in compensation for the loss, the usual practice is to award interest from the date of such deprivation: (see Kimani v Attorney General…
Division and case type: CivilCivil Appeal
…With regard to the compensation under the Fatal Accidents Act, the learned judge lamented the paucity of evidence on which he could comfortably base an award.…
…But he thought the respondents should not be denied compensation only on that ground and that it was his duty to do the best he could with the available material.…
Division and case type: CivilCivil Case
…house on the parcel of land but that after discussion with elders, it was decided that he transfers 0.1 acre of the suit to the applicant while the latter would transfer to him 0.1 acre of his land to the respondent as compensation…
Division and case type: CivilCivil Case
…It has been submitted that damages shall be adequate compensation. My answer is that an offended party should not be forced to take damages in lieu of restoration into the premises.…
Division and case type: CivilCivil Case
…In my view a figure of Kshs 150,000 would be fair compensation for loss of earning capacity.…
Division and case type: CivilCivil Appeal
…In the case of the sale of immovable property it is a great hardship to lose it, and damages are not usually a suitable compensation.…
…Damages not being a suitable means of compensation, then the first and third principles need to be considered.…
Division and case type: CivilCivil Case
…I will therefore not award any damages under the workmen’s compensation or loss of salary, as the plaintiff’s services were terminated and his dues were paid in accordance with his terms of service.…
Division and case type: CivilCivil Appeal
…If a court awards compensation based on the net salary, it is presupposed that the employer will make the necessary deductions.…
Division and case type: CivilCivil Appeal
…He assessed the compensation for this by taking Kshs 2,805 a month.…
…On that score the appellant had lost his capability for which the appellant was entitled to appropriate compensation. As Kneller JA states, we were not invited to consider an award for the particulars loss.…
Division and case type: CivilCivil Appeal
…First, it is compensation for consequential loss which is expressly excluded under the terms of the policy.…