Case law
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Division and case type: CivilCivil Case
…performance of his duties the plaintiff had totally fallen from grace by accepting bribes from those candidates he interviewed for jobs and so did not deserve to continue in his employment and they should not be ordered to pay compensation…
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: Constitutional and Human RightsPetition
…Premature because he had not been publicly examined putsuant to the provision of the Section 17 of the Bankruptcy Act; and secondly no scheme of compensation had been requested for or given before he could be adjudged.…
Division and case type: Milimani Commercial CourtsCivil Case
…The plaintiff was required to establish a prima facie care with a probability of success, that damages would not be adequate compensation in the event the order was not granted and that if the court is in any doubt the matter…
Division and case type: CivilCivil Case
…The principles indicated in that case were that (1) the case has to have reasonable probability of success (2) that the injury likely to be suffered has to be incapable or unsuitable of monetary compensation and (3) that…
…They also stress the need for maintenance of status quo rather than monetary compensation as the courts should not act in vain and/or that their decisions should not be rendered nugatory in the course of the pendency of a…
Division and case type: CivilCivil Appeal
…although not vitiated by any irregularity in publishing or conducting it, does not preclude anyone who sustains an injury, by reason of that irregularity at the hand of any other person, instituting a suit against him for compensation…
…, or (if such person is the purchaser) for recovery of the property and for compensation in default of its recovery.…
Division and case type: CivilCivil Case
…If the answer to issue 3 is yes, then is the plaintiff entitled to any compensation? And from when? 5.…
…principles in view the answer to the third issue, namely whether the plaintiffs trailer plus tanker was extensively damaged is definitely in the affirmative and that as a result of the said damages the plaintiff is entitled to compensation…
Division and case type: CivilCivil Case
…If the answer to issue 3 is yes, then is the plaintiff entitled to any compensation? And from when? 5.…
…principles in view the answer to the third issue, namely whether the plaintiffs trailer plus tanker was extensively damaged is definitely in the affirmative and that as a result of the said damages the plaintiff is entitled to 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: CivilCivil Appeal
…Mr Oduk, also submitted that the appellant was entitled to compensation for the two ratoon crops as the respondent had already breached the agreement by the time the arson took place. 4.…
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: CivilCivil Case
…In Words and Phrases Legally Defined, Vol 3 p 79, “interest” is defined as: “…….. the return or compensation for the use or retention by one person of a sum of money belonging to or owed to another.”…
…The compensation is in the form of interest. The argument raises fundamental questions.…
Division and case type: CivilCivil Case
…I have carefully considered the nature of injuries sustained by the Plaintiff and taking into account the Submissions of her Counsel I am in agreement that an award of Kshs. 1,000,000/= would be fair compensation for the…
Division and case type: CivilCivil Appeal
…that he failed to consider the appellant’s evidence that he contacted and consulted the Chambers of the Attorney-General in an attempt to reach a settlement out of court and that the two Respondents were considering some compensation…
…He has received workmen’s compensation, and an ex-gratia payments from the State. They are both small sums compared with the present level of damages for total blindness.…
Division and case type: CivilCivil Appeal
…All that judges and courts can do is to award sums which must be regarded as giving reasonable compensation. In the process there must be the endeavour to secure some uniformity in the general method of approach.…
…She is only entitled to what is in the circumstances, a fair compensation, fair both to her and to the defendants. The defendants are not wrongdoers. They are simply the people who foot the bill.…
Division and case type: Constitutional and Human RightsJudicial Review
…The Appellant also averred that they would suffer irreparable financial harm incapable of compensation by an award of damages due to the Respondent’s draconian measure of suspending the operation of all their vehicles. 7.…
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.”…