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…What I have to determine under this head of damage is a fair and reasonable compensation for the plaintiff. Before doing this, I must state briefly the injuries he suffered.…

…I must now answer the not-too-easy question; what will be a fair and reasonable compensation to award the plaintiff for his pain and suffering and loss of amenities?…

…He had also prayed, presumably in the alternative, for, inter alia, a declaration of entitlement to half the value of the suit premises and compensation for improvements.…

…Where a party has been deprived of land or movable property and receives a monetary award in compensation for the loss, the usual practice is to award interest from the date of such deprivation: (see Kimani v Attorney General…

…With regard to the compensation under the Fatal Accidents Act, the learned judge lamented the paucity of evidence on which he could comfortably base an award.…

…But he thought the respondents should not be denied compensation only on that ground and that it was his duty to do the best he could with the available material.…

…I will therefore not award any damages under the workmen’s compensation or loss of salary, as the plaintiff’s services were terminated and his dues were paid in accordance with his terms of service.…

…house on the parcel of land but that after discussion with elders, it was decided that he transfers 0.1 acre of the suit to the applicant while the latter would transfer to him 0.1 acre of his land to the respondent as compensation…

…It has been submitted that damages shall be adequate compensation. My answer is that an offended party should not be forced to take damages in lieu of restoration into the premises.…

…In my view a figure of Kshs 150,000 would be fair compensation for loss of earning capacity.…

…Visram, Koome & Otieno Odek JJA), delivered on 30th September, 2014 in Nyeri Civil Appeal No. 24 of 2014) Whether orders of stay of execution can be issued where failure to do so would render an appeal nugatory and where compensation…

…Procedure – execution – stay of execution – factors to consider - whether orders of stay of execution could be issued where failure to do so would lead to probability of the substratum of the appeal being spent and where compensation…

…At all events the Workmens Compensation Act report says it was 5 pm. In my view the balance of probabilities are tht the latter was the correct time. That point was not, however noticed by either counsel.…

…In the case of the sale of immovable property it is a great hardship to lose it, and damages are not usually a suitable compensation.…

…Damages not being a suitable means of compensation, then the first and third principles need to be considered.…

…That section for avoidance of doubt provides as follows:- “A person who is unlawfully arrested or detained by another person shall be entitled to compensation therefor from that other person.” 9.…

…Kneller JA took the same view in Hassan’s case when he said ( at 949): “the sum to be awarded is never a conventional one but compensation for a pecuniary loss.” I think this had to be right.…

…If a court awards compensation based on the net salary, it is presupposed that the employer will make the necessary deductions.…

…He assessed the compensation for this by taking Kshs 2,805 a month.…

…On that score the appellant had lost his capability for which the appellant was entitled to appropriate compensation. As Kneller JA states, we were not invited to consider an award for the particulars loss.…

…First, it is compensation for consequential loss which is expressly excluded under the terms of the policy.…

…Therefore Kshs. 30,000 would be fair and adequate compensation for pain and suffering and loss of amenities. With the special damages of Kshs 1,010 the total of damages was Kshs 31,010.…

…that he was never served with summons as alleged by the process server or at all while the 2nd defendant’s contention appears to be that he had settled the matter with the plaintiff, giving to the plaintiff four cows as compensation…

…It appears that the respondent did not sue for the eviction of the appellant but merely for damages (a) for the value of the half-shop which was lost, (b) compensation for improvements and (c) loss of profits through interruption…