Case law
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Division and case type: CivilCivil Case
….….PLAINTIFF VERSUS CHARLES KENNEDY WANYA FRANCIS ONSERIC ……………………………………..RESPONDENTS JUDGMENT This is the plaintiff’s claim against the defendant for damages for the personal injuries which she suffered when she and the…
…So I find the defendants fully liable to pay damages to the plaintiff.…
Division and case type: CivilCivil Case
…Each plaintiff had to incur an expense of Kshs 705 for medical attention which amounts they claim as special damages. They also claim general damages for assault and costs of this suit.…
…The court therefore holds that the two plaintiffs were unlawfully assaulted by the first two defendants and they are therefore liable in damages.…
Division and case type: CivilCivil Suit
…In total she claimed shs.40,100/= special damages.…
…On special damages I find shs.22,900/= supported by exhibits. The balance 17,200/= is also said to be funeral expenses receipts of which were not produced but said to have been lost at the funeral.…
Division and case type: CivilCivil Case
…The Defendant is accordingly liable to the Plaintiff in damages for that negligence.…
…Accordingly I award to the Plaintiff Shs.3,800/- as special damages. In the event, I now enter judgment for the Plaintiff against the Defendant as hereunder:- 1. General Damages for loss of dependency ……………….…
Division and case type: CivilCivil Suit
…By this action he seeks to recover damages from the defendant.…
…In a judgment which was delivered on the 14th November 1989 the plaintiff was awarded Shs. 200,000/=; as general damages for pain, suffering and loss of amenities.…
Division and case type: CivilCivil Case
…The defendants have accepted their full liability for the negligence which resulted in the collision and so this case comes to me solely for assessment of damages to be paid to the plaintiff as compensation for the injuries…
…In their submissions both counsel have referred me to various cases as guide for damages. But there can be no denying that each case must be decided on its particular and peculiar facts.…
Division and case type: CivilCivil Appeal
…Had the plaintiff succeeded he would have awarded Shs.30,000/- general, and Shs.1,000/- special, damages.…
…I would therefore dismiss the second ground of appeal and I would award the appellant Shs.30,000/- general, and Shs.1,000/- special, damages.…
Division and case type: CivilCivil Suit
…Issue No.4: Did the Plaintiff suffer loss and damages asparticularized in paragraphs of the Plaint? I find that the Plaintiff may have suffered loss and damagebut proof of such loss is strict.…
…As this was dispensed with actualproof of loss and damages should have been given on oath by thePlaintiff. He failed to do so.…
Division and case type: CivilCivil Suit
…Instead of Coast Hauliers however claiming damages from Awadh Mahrus, a Limited Company called Highway Carriers Ltd made that claim and is in fact one of the co-plaintiffs in this suit.…
…I hence find as a fact that at no time have Coast Hauliers claimed any damages from the defendant and that Highway carriers Ltd were in no way involved in the carriage of the 125 drums.…
Division and case type: CivilCivil Appeal
…The plaintiff’s claim is that he has suffered loss and damage and, therefore, he claims general and special damages.…
…The latter had brought a suit against his employer claiming general damages, and special damages of Kshs 1,516.05 for wrongful dismissal. The High Court dismissed this suit with costs.…
Division and case type: CivilCivil Case
…The defendant filed two affidavits with the object of obtaining leave to defend and made allegations that the lease had been obtained by fraud and that she had a claim for damages for disrepair against the plaintiffs.…
…On appeal to the then Court for Eastern Africa, it was held by Newbold, P and Duffus, AG V-P that the allegation that the premises were defective and that there was a reasonable claim for damages raised a triable issue; as…
Division and case type: CivilCivil Case
…Court awarded shs 120,000/= general damages in July 1989.…
…I would assess general damages at shs 100,000/=. No evidence was led to prove the special damages claimed. But there is no doubt that the plaintiff was examined twice by Mr Rasik Patel who prepared to medical report.…
Division and case type: CivilCivil Suit
…case with a probability of success; secondly, an interlocutory injunction will normally be granted unless the applicant might otherwise suffer irreparable injury, which would not adequately be compensated by an award of damages…
…Being of that bent of mind, I regard any discourse as to whether the breach of the Plaintiff’s right could be compensated for in damages as an academic one ill befitting a court of law.…
Division and case type: CivilCivil Case
…He instituted the suit for general damages for that alleged dismissal in addition to other reliefs which are listed in the plaint.…
…So much so that even if the defendant had failed to file its defence after being served with summons, it would be necessary for a formal proof of the claim for general damages to be done before a final decree could be entered…
Division and case type: CivilCivil Case
…There is no doubt that in England one who is entitled on similar provisions of the statute to bring an action to recover, treble the damages where rescue has been effected, as in this case.…
…that upon any pound-breach or rescous of goods or chattels detrained for rent, the person or persons grieved thereby shall, in a special action upon the case for the wrong thereby sustained, recover his and their treble damages…
Division and case type: CivilCivil Appeal
…Nduhiu asked the High Court for orders that Mwotia should vacate Ruguru Kiamariga 328 in Ruguru location, Nyeri, pay him general damages for fifteen years unlawful occupation of it and the costs of the suit.…
…This led to Nduhiu suffering loss and damages. No particulars were supplied.…
Division and case type: CivilCivil Appeal
…In his original plaint the respondent had asked for the refund of his money and damages as alternative to specific performance.…
…The respondent mistakenly amended the prayers in the plaint for refund and damages but he can claim whatever money he had paid as provided by section 7 of the Land Control Act (cap 302).…
Division and case type: CivilCivil Suit
…In any case, I have reason to doubt their capability to pay any substantial damages to the Respondent if the sugar in question can be released to the 3rd parties.…
Division and case type: CivilCivil Suit
…In any case, I have reason to doubt their capability to pay any substantial damages to the Respondent if the sugar in question can be released to the 3rd parties.…
Division and case type: CivilCivil Case
…In the plaint the plaintiff claims damages for breach of contract by the defendant.…