Search court decisions

…Also that since the year 1977, he has been negotiating with the Attorney General’s Chambers for payment of damages for his total loss of his eyesight but that, as he put it “their promise has not materialized”, that he has…

…Protracted negotiations with the Attorney-General for payment of damages are not to be taken lightly. Practicing advocates do take such negotiations seriously.…

…defendant do forthwith hand over all stocks of the company’s products and if necessary the company to refund to the defendant the cost of such stock pursuant to the agreement and an order directing the defendant to pay damages…

…He counter claimed general and special damages on ground of alleged breach of clause 2(d) of the agreement.…

…He also made submissions for an award of general damages for mental anguish and apprehension of possible arrest.…

…As far as grounds of appeal relating to claims in respect of travelling expenses and general damages are concerned we are satisfied that the learned judge did not err in disallowing these claims.…

…He was obviously referring to the issue of liability as he did say, and quite correctly in our view, that the issue of damages should proceed to proof by way of assessment of damages. Mr.…

…Damages of course are always in issue unless specifically admitted. It was observed by Chesoni Ag. J.A in the case of Choitram vs Nazari (1982-88) 1 K. A.…

…He found that the company could be adequately compensated in damages by the Bank and KCFC if the company succeeded in proving its claims in the trial of the action.…

…The damages were quantifiable and the Bank and KCFC had the assets to cover them.…

…He found that the company could be adequately compensated in damages by the Bank and KCFC if the company succeeded in proving its claims in the trial of the action.…

…The damages were quantifiable and the Bank and KCFC had the assets to cover them.…

…The appellant’s appeal concerns the quantum of damages, i.e.…

…Shs.200,000/- awarded to him on the ground of pain, suffering and loss of amenities, and the refusal by the Judge to award any damages on the issue of loss of future income.…

…On 14th August, 1991 an interlocutory judgment was entered in that case for the respondent and on 17th January, 1992 damages were assessed as follows:- (a) General damages for pain, suffering and loss of amenities: Kshs 600,000…

…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.…

…Justice Juma) in Nairobi on 27th June, 1996 by which the respondent was awarded damages under the Fatal Accidents Act and the Law Reform Act arising out of the death of her husband in a road traffic accident which occurred…

…The learned judge whilst awarding damages under this head said that the decision in the case of Hintz vs.…

…There was also a claim for general damages.…

…The award of Shs.1,080,000/-, general damages, for loss of business cannot stand for two reasons. First, it is compensation for consequential loss which is expressly excluded under the terms of the policy.…

…She blamed the appellant for these injuries and claimed damages in respect thereof from the appellant.…

…These grounds are mainly on liability and quantum of damages.…

…Mr Gatonye complained further that the learned trial judge misdirected himself by awarding special damages without proof thereof. We appreciate that as a matter of practice, special damages should be pleaded and proved.…

…However, there are cases where awards can be given as special damages. For instance in injury claims special damages may be awarded for future unquantifiable expenditure arising after judgments.…

…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.…

…This contract provides which is for a stated period provides for its termination and the damages which the applicant will suffer if it is shown that the respondent had wrongfully terminated the contract, can be easily assessed…

…He sought against the appellants damages for unjustified invasion of his premises, loss of privacy, defamation and the return of all his goods.…

…Njuguna argued, it had not been proved that damages were not an adequate remedy.…

….…..RESPONDENT (Appeal from the High Court at Kisumu, Butler-Sloss J) JUDGMENT Platt JA The appellant, Shadrack Arap Baiywo, had been sued by the respondent Bodi Bach, for damages, because the appellant had first sold to…

…The form of the application appears to follow order IXA rule 5 of the Civil Procedure Rules, whereby interlocutory judgment was prayed for, pending the matter being set down for the assessment of damages.…

…he granted the respondent the interlocutory injunction that he had sought on the usual undertaking as to damages.…

…To my mind, the loss to the plaintiff cannot be compensated for in damages.…

…XXXIX rules 2, 5 and 9 of the Civil Procedure Rules (cap 21) and section 3A of the Civil Procedure Act (cap 21) on November, 10 1983, for an injunction to restrain the Law Society from impeding his progress to enrollment, damages…

…its issue delayed because the court offices are closed: Carr v Morice (1873) LR Eq 125; Campana v Webb (1874) 22 WR 622; Chanhoch v Hertz (1888) 4 TLR 331: or the applicant gives, in addition to the usual undertaking in damages…

…filed under order XXXVI Rule 3 C(1) of the Civil Procedure Rules and Section 3A of the Civil Procedure Act, the respondent applied to the court for extension of the Limitation period to enable him to file suit claiming damages…

…There is an exception to this section in section 27 which provides: Section 27 (1)Section 4(2) does not afford a defence to an action founded on tort where:- a)the action is for damages for negligence, nuisance or breach…