Search court decisions

…And having done so, he reached a figure of Kshs 38,880 as damages.…

…Accordingly, they say the award of damages made in their favour was void as was the action itself.…

…In Waiyunka v Bamburi Portland Cement Co Ltd, Mombasa HCCC 230/80 Muli, J awarded Kshs 12,000 general damages in 1980 for a fractured clavicle as a result of which the plaintiff was unable to follow his employment, unlike…

…Doing the best I can, and taking into account inflation, I make a global award of general damages in the sum of Kshs 15,000 in respect of pain, discomfort, loss of amenities, to include a nominal figure in respect of loss…

…Her two sons (the repondents) filed suit in the superior court claiming damages under The Law Reform Act and The Fatal Accidents Act (chapters 26 and 32 respectively of The Laws of Kenya).…

…The superior court had before it the task of assessing general damages under the two aforesaid Acts, and special damages. We will first deal with the claim under The Fatal Accidents Acts.…

…(c)Was Shs 10,000.00 a week damages for delay a panel clause?…

…Turning to damages, Mr. Esmail claimed the evidence of Mrs Hepple and Mr Levitan was too thin to amount to proof of the sum claimed as damages. There was no attempt to persuade Sarikas to submit their unit rates.…

…I have taken all that into account and in my judgment I make an award of Kshs 450,000/= general damages for pain suffering and loss of amenities.…

…Special damages including loss of earnings amount to Kshs 256,200/=.…

…On damages, we can only interfere with the award of the Judge if it be shown to us that in arriving at the figure he awarded, the learned Judge took into account an irrelevant matter which he ought not to have considered,…

…that he failed to take into account a relevant matter which he ought to have taken into account or short of these two, that the award is so inordinately high or low that it represents a wholly erroneous estimate of the damages…

…On damages, we can only interfere with the award of the Judge if it be shown to us that in arriving at the figure he awarded, the learned Judge took into account an irrelevant matter which he ought not to have considered,…

…that he failed to take into account a relevant matter which he ought to have taken into account or short of these two, that the award is so inordinately high or low that it represents a wholly erroneous estimate of the damages…

…Following that finding of liability, the plaintiff set down the case for assessment of damages. This judgment is in that respectively.…

…The evidence concerning damages was that the plaintiff suffered loss of rents from January 1, 1993 to August 31, 1993 at the rate of Kshs.25,000/= per month, so that in all he lost Kshs.20,000/= over that period of time,…

…The plaintiffs also sought exemplary damages for trespass, illegal distress, assault and malicious damage to property to be quantified.…

…No reply to the amended defence was filed, and by a request for judgement dated 16th June, 1997, the 1st defendant requested for an interlocutory judgement for Kshs.864,220/= general and exemplary damages and costs and interest…

…Special Damages had not been proved. None of the advocates relied on any case law before me to prove their case.…

…In summary General damages Pain, Suffering and Loss of Amenities Ksh.200,000/- Future Medical treatment Kshs.450,000 Total Kshs.650,000/- I hereby enter judgment of the plaintiff for General Damages at 100% liability at Kshs…

…, namely, special damages.…

…The orthodox statement of the law, is that special damages must be strictly proved.…

…Following that finding of liability, the plaintiff set down the case for assessment of damages. This judgment is in that respectively.…

…The evidence concerning damages was that the plaintiff suffered loss of rents from January 1, 1993 to August 31, 1993 at the rate of Kshs.25,000/= per month, so that in all he lost Kshs.20,000/= over that period of time,…

…Plaintiffapparently claims damages under Law Reform Act and Fatal Accidents Actalthough he does not specifically plead so.…

…Plaintiff gave evidence generally relating to personal lifeof the deceased and the damages he was claiming.…

…In its turn, the second respondent stated in its defence that it had bought the machine from Karugu Contractors and raised a counterclaim for damages for loss of business.…

…The Judge granted a stay on condition that the defendants paid a sum of Shs.720,000/-, being 10% of the damages awarded, to the appellant's Advocates.…

…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.…

…Further still, if the sale was unlawful the plaintiffs pray for damages arising thereunder.…

…I do not consider it appropriate to address myself to the issue of whether or not the sale was null and void or that the plaintiffs are entitled to damages for unlawful sale.…

…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.…

…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.…