Case law
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Division and case type: CivilCivil Appeal
…The appellant’s appeal concerns the quantum of damages, i.e.…
Division and case type: CivilCivil Appeal
…Please let us have your admission of liability so that the issue of quantum of damages may then be gone into. We are copying this letter to your insurers who may respondent on your behalf.…
Division and case type: CivilCivil Appeal
…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: Environment and Land CourtELC Land Civil Suit
…. …….Regarding general damages for trespass I find that no evidence was adduced to show that the plaintiffs sustained any damage or as to the quantum of damages expected and in any event the plaintiffs have failed to establish…
Division and case type: Environment and Land CourtELC Land Civil Suit
…The Court of Appeal distilled the principles applicable to assessment of quantum of damages for trespass in Kenya Power & Lighting Company Ltd v Ringera & 2 others [2022] KECA 104 (KLR) as follows: i) Harlsburys Laws of England…
Division and case type: Environment and Land CourtELC Land Civil Suit
…. …….Regarding general damages for trespass I find that no evidence was adduced to show that the plaintiffs sustained any damage or as to the quantum of damages expected and in any event the plaintiffs have failed to establish…
Division and case type: Environment and Land CourtELC Land Appeal
…J.A, stated: “The principles to be observed by an appellate court in deciding whether it is justified in disturbing the quantum of damages awarded by a trial judge were held by the former Court of Appeal of Eastern Africa…
Division and case type: CivilCivil Appeal
…Coming to the issue of quantum of damages, Mr Justice Masime found that the employer had failed to prove that fact that Didar began these works four weeks later than the contractor would have (all being well) was attributable…
Division and case type: Environment and Land CourtPetition
…The Court to assess the quantum of damages and compensation to be paid by the Respondent; e. A compulsory order compelling the Respondents to release to the Petitioner the Title to the said property; f. …
Division and case type: CivilCivil Appeal
…I am in agreement with Nyarangi JA regarding quantum of damages and with orders on costs. Gicheru JA. I have had the advantage of reading in draft the judgment of Nyarangi JA. I agree with it.…
Division and case type: CivilCivil Appeal
…Although some of the grounds in the memorandum of appeal suggest that the quantum of the award was to be challenged before us, no complaint on the quantum of damages was addressed to us.…
Division and case type: CivilCivil Appeal
…Turning now to the quantum of damages, I have had the advantage of reading in draft the judgment of Kneller JA, I entirely agree with it and with the figure he proposes to compensate the respondent for all his pain, suffering…
Division and case type: Environment and Land CourtELC Land Miscellaneous Application
…Kariuki and many others who will venture to practice in this branch of the law, we would recall the well-settled law that for this Court to interfere with the quantum of damages awarded by the trial court, the Court must…
…Kneller JA, as he then was, at p 730 said- “The principles to be observed by the appellate court in deciding whether it is justified in disturbing the quantum of damages awarded by a Trial Judge were held by the former Court…
Division and case type: Anti-CorruptionCivil Appeal
…At the trial in the High Court (before Hancox J, as he then was) in Nairobi on May 16, 1981, Kakuzi admitted Karuri had been negligent and the quantum of damages, so the only issue was whether or not the second defendant…
Division and case type: CivilCivil Appeal
…The only question he was asked to decide, was the quantum of damages to which either respondent was entitled to receive.…
Division and case type: Environment and Land CourtCivil Suit
…No evidence was availed for assessment of the exact quantum of damages hence, the plaintiff is entitled to a minimum amount in general damages against the 1st defendant only as I subscribe to the Court of Appel decision in…
Division and case type: Environment and Land CourtELC Land Civil Suit
…The plaintiff did not present evidence identifying the individuals involved or the quantum of damages he sought.…
Division and case type: Environment and Land CourtELC Land Appeal
…In assessing the quantum of damages, I have considered that this was a business premises wherein access to the cottages had been hindered by the flood waters and having considered the persuasive authorities in : Tim Mwai…
Division and case type: Environment and Land CourtPetition
…The question regarding the type, extent, and quantum of damages to be awarded, has long been settled through a long line of decisions from the courts. 45.…
…The quantum of damages to be awarded, depends on the nature of the right that is proven to have been violated, the extent of the violation, and the gravity of the injury caused. 46.…