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…The question of general damages is to be tried on vivo voce evidence at a date to be taken at the registry. Dated at Nairobi this 1st day of July 1996. A.G. RINGERA JUDGE…

…damages for loss of amenities, pain and suffering.…

…Doing the best as I can, after taking into account all the various authorities cited as well as all the circumstances of the case, I would say that a reasonable, and fair award for general damages for loss of amenities, pain…

…The plaintiff’s claim is that he has suffered loss and damage and, therefore, he claims general and special damages.…

…Also that the appellant’s evidence was shut out in that he was not allowed to produce cards which documents were relevant to the plaintiff’s claim of general damages.…

…Giving the best consideration to this aspect of the case, we thing that the figure of general damages for pain, suffering and loss of amenities should be reduced by one-half to shillings 600,000/=.…

……PLAINTIFF VERSUS MICHAEL WARUI GITHINJI ………………………………DEFENDANT J U D G M E N T Florence Wambui Mwangi brought this suit in her capacity as the Administratrix of the Estate of her late sister Jane Nyambura Mwangi seeking general…

…and special damages under the Fatal Accidents Act and the Law Reform Act against Michael Warui Githinji and James Macharia (hereinafter referred to as 1st & 2nd Defendants) respectively.…

…The agreed general damages for pain and suffering and loss of amenities was £120,000.…

…General damages for pain and suffering and loss of amenities was in December 1982 assessed at £50,000.…

…He claims general damages for this loss of time, For his time and effort spent on the re-negotiation of the loan facility with the lender, arising from the non-utilization of the offered loan facility within the specified…

…time limit, the court assesses general damages at a sum of Kshs.35,000/=.…

…As a result the plaintiff suffered from chronic pain in the joint and weakness of the right hand producing permanent incapacity of about 40%.In a judgment which was delivered on the 11th July 1989 Butler-loss J, assesed general…

…damages at Shs. 250,000/=.It is undoubtedly clear that this case has significant comparable features to the present case especially with regard to the wrist injury.…

…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…

…Giving the best consideration to this aspect of the case, we thing that the figure of general damages for pain, suffering and loss of amenities should be reduced by one-half to shillings 600,000/=.…

…damages for false imprisonment and malicious prosecution as a result of an incident that occurred in August 1979 and which culminated in the arrest and subsequent prosecution of the plaintiff in Kitale Resident Magistrate…

…Accordingly the plaintiff claims special damages of Kshs 24,500 particulars of which are given in the plaint, and general damages the quantum of which is to be assessed by this court.…

…I entirely agree that the learned judge’s award of Kshs 10,000 by way of general damages was manifestly too low.…

…For the reasons he gives the award of general damages could be increased to Kshs 80,000.…

…They also claim general damages for assault and costs of this suit. There claims are joint and several against the three defendants. The defence is two-fold.…

…Finally, this witness told the court that with regard to the deceased Abdi he arranged for a suit to be filed in the name of his widow (HCCC 327/ 78) and that the case was settled and the Attorney General paid damages to…

…No general damages are payable for dismissal of a servant. In the end result we dismiss this appeal with costs. Dated and delivered at Nairobi this 1st day of March, 1996. R. O. KWACH ………………………. JUDGE OF APPEAL P.K.…

…Theplaintiffs still claimed general damages injunction and costs. But they did not claim any special damages. The defendant filed an elaborate amended defence to the amended plaint.…

…Dhanji took a preliminary point to the effect (as far as can be made out from the notes made by the learned judge) that there can be no claim for general damages for inducing a breach of contract and that special damages…

…Counsel thought that a sum not in excess of Shs 50,000/- would suffice as general damages if his arguments do not prevail with the Court.…

…I am bearing that circumstances in mind in my assessment of general damages.…

…The respondent commenced proceedings in the superior court for damages for breach of contract, specific performance of the contract by execution of all necessary documents, general damages, exemplary damages, interests and…

…The applicant seeks an order for stay of execution of the interlocutory judgment in the sum of shs. 11,800,000/- as well as setting down the suit for hearing by way of formal proof for assessment of general and exemplary…

…That now leaves me with the question of general damages and costs.…

…So the plaintiff prays for judgment for that sum as general damages.…

…He then proceeded to award the respondent general damages of Shs. 35,000/- for pain and suffering. Dissatisfied with this decision, the appellant appeals to this court and puts forward seven grounds of appeal.…

…In regard to general damages, counsel was of the view that the award by the lower court was modest and that this court should not interfere with it.…