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…Special Damages of Kshs. 380,000/=. Costs. Any other relief.…

…Adere submitted that there can be no award of general damages for breach of contract......We respectfully agree. There can be no general damages for breach of contract......…

…. g) Exemplary/Punitive damages h) Interest at court rate 2.…

…and punitive damages.…

…The plaintiffs, in their plaint dated 3 November 2022, sought the following reliefs against the defendant: a) General damages. b) Special damages in the sum of Kshs. 47, 597, 209.89/- c) Costs and interests. 2.…

…The Plaintiffs’ claim for special damages was calculated at Kshs. 47,597,209.89.…

…Joseph Katana & Another (2019)eKLR. 62 Is the plaintiff entitled to an award of General damages and special damages as prayed?…

…may be awarded. e) If the trespass is accompanied by aggravating circumstances which do not allow an award of exemplary damages, general damages may be increased.” 66 The Court has been invited to award special damages of…

…Patel J also ordered damages to be assessed. This proved to be awkward task. First, Cockar J on October 16, 1986, found that no damages were done to the plaintiff.…

…If successful, the assessment of damages would fall away, and the suit would be heard fully, and damages assessed as part of the proceedings, on the basis of such liability found, if any.…

…Mr Justice Bhandari gave judgment and made these awards in the High Court at Mombasa on April 30, 1984: Kshs Net special damages 13,150 Loss of future earnings 63,000 General damages 250,000 Total 326,150 The appellant has…

…The only issue was the quantum of damages, special and general, the respondent should pay the appellant.…

…General damages for breach of contract. Interest in general damages for breach of contract. Costs of this appeal. 4 The facts of the case according to the Plaintiffs are as follows.…

…, the purchasers shall be entitled, without prejudice to any other remedies lawfully accruing to them, to damages equivalent to 10% of the purchase price as the agreed liquidated damages..”…

…In any event the tenancy would be subject to notice of two months and damages should have been restricted to that period. (At most the damages should have been nominal).…

…I would agree with the appellant that in principle the respondent was not entitled to any damages. Moreover no profits were proved on the basis of which damages could be assessed.…

…exemplary damages for trespass.…

…The issue that arises is the measure of such damages.…

…are not available for breach of contract for the reason that such damages are claimed in the form of special damages.…

…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…

…He brought an action for damages for negligence against the driver and owners of the articulated vehicle.…

…This does not mean that damages can be recovered twice over but that if damages recovered under Law Reform Act devolve on the dependants the same must be taken into account in reduction of the damages recoverable under the…

…Special damages are those damages which are ascertainable and quantifiable at the date of the action.…

…various types of damages.…

…In light of the foregoing, the Plaintiff has and/or incurred special damages. Particulars of special damages.…

…General damages and Special damages of Kenya shillings twenty seven thousand (Kshs 27,000/-) 8. Costs of the suit and interest of the above.…

…The court further assessed the general damages for trespass at Kshs.5,000,000/=.…

…That the Learned Magistrate wrong exercised his discretion in awarding the 1st Respondent the sum of Kshs.5,000,000 as nominal damages yet by their very nature, nominal damages are minimal and are awarded where there is no…

…For both punitive and aggravated damages against the 1st defendant for cutting down and harvesting mature trees? If so, what is the amount?…

…In Kenyan law, exemplary (punitive) damages penalize outrageous conduct by mostly government officials or profit-driven torts, while aggravated damages compensate for increased mental suffering caused by a defendant's malicious…

…On mesne profits and damages,  the Respondent submits that mesne profits constitute special damages which must not only be specifically pleaded but also strictly proved.…

…Having made that concession, she substituted a claim for general damages for trespass. However, a claim for damages for trespass equally requires that trespass be first pleaded and proved.…

…may be awarded e) If the trespass is accompanied by aggravating circumstances which do not allow an award of exemplary damages, general damages may be increased” In the instant case the plaintiff has demonstrated that it…

…It is my considered view that K.Sh. 10 000 000 is a reasonable award for general damages”.…

…The third, fourth and sixth grounds of appeal are that the plaintiff failed to prove the damages claimed by it; that it failed to mitigate the damage, and that interest on damages was wrongly awarded.…

…The plaintiff was therefore entitled to damages, basically for breach of contract, but also in sounding in detinue. But the measure of damages must be subject to some restraint.…

…The third, fourth and sixth grounds of appeal are that the plaintiff failed to prove the damages claimed by it; that it failed to mitigate the damage, and that interest on damages was wrongly awarded.…

…The plaintiff was therefore entitled to damages, basically for breach of contract, but also in sounding in detinue. But the measure of damages must be subject to some restraint.…