Case law
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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 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 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 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
…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 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
…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
…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.…
Division and case type: CivilCivil Case
…DEFENDANTS JUDGMENT By this action the plaintiff seeks to recover from the defendants damages for the personal injuries which he suffered when the upper wall of the pit in which he was working in the course of his employment…
…Issue of the quantum of damages: The plaintiff was aged 28 years at the time of the injury. He was a robust man and that is the reason why he was selected for this particularly hazardous work.…
Division and case type: CivilCivil Appeal
…We have been informed that damages have been agreed. This will carry interest from the date of judgment to the date of payment in full at court rates. Platt JA. I agree with the conclusion reached by Gachuhi JA.…
…The particulars of negligence contained in the plaint were denied by the written statement of defence and the suit went onto trial on the issue of liability as the learned counsel agreed on quantum of damages.…
Division and case type: CivilCivil Suit
…General damages: I have already held that the defendantdeliberately created difficult conditions for the plaintiff andturned round and used them to dismiss him. it is the defendantwho was in breach of the contract of employment…
…Shs. 9,200/ (3) General damages................... Shs.53, 275/- With interest from the date of this judgment/ There will be judgment for those figures and costs of the suit.…
Division and case type: CivilCivil Appeal
…In the alternative the respondent claimed Shs 436,000/- by way of damages, that sum being the value of the motor vehicle.…
Division and case type: Constitutional and Human RightsJudicial Review
…Counsel further submitted that the Petitioner had admitted that it is not in possession of the suit properties, thus there is no irreparable harm to be suered that cannot be compensated by way of damages (Christopher Chepkiyeng…
…Kogo Vs Frank Kimeli Tenai (2018) eKLR provides an explanation for what is meant by irreparable injury and it states that: “Irreparable injury means that the injury must be one that cannot be adequately compensated for in damages…
Division and case type: CivilCivil Appeal
…Counsel further submitted that the Petitioner had admitted that it is not in possession of the suit properties, thus there is no irreparable harm to be suered that cannot be compensated by way of damages (Christopher Chepkiyeng…
…Kogo Vs Frank Kimeli Tenai (2018) eKLR provides an explanation for what is meant by irreparable injury and it states that: “Irreparable injury means that the injury must be one that cannot be adequately compensated for in damages…
Division and case type: CivilCivil Appeal
…The plaintiff EA Drapers Limited had sued Combined Warehouses Limited as first defendant for damages.…
…That sum was claimed as damages.…
Division and case type: CivilCivil Case
…By the plaint dated 25th June 1990 the applicant was sued by the respondent for damages for personal injuries which the respondent alleged to have sustained when the employees of the Council “brutally assaulted the plaintiff…
Division and case type: CivilCivil Case
…MINGIRE……………………PLAINTIFF VERSUS ATTORNEY GENERAL……………………………DEFENDANT JUDGMENT The plaintiff, Moses Waithanji Mingire, a retired police officer, and presently a farmer and businessman, brought action by plaint, claiming damages…
Division and case type: CivilCivil Appeal
…Subsequently, the plaintis issued a writ in rem claiming, inter alia, damages for breach of the agreement and one of the defendant ships were arrested.…