Case law
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Division and case type: CivilCivil Appeal
…He brought an action for damages for negligence against the driver and owners of the articulated vehicle.…
…This does not mean that damages can be recovered twice over but that if damages recovered under Law Reform Act devolve on the dependants the same must be taken into account in reduction of the damages recoverable under the…
Division and case type: CivilCivil Appeal
…In any event the tenancy would be subject to notice of two months and damages should have been restricted to that period. (At most the damages should have been nominal).…
…I would agree with the appellant that in principle the respondent was not entitled to any damages. Moreover no profits were proved on the basis of which damages could be assessed.…
Division and case type: CivilCivil Appeal
…No special damages were proved and no general damages were proved beyond the cost of repairs which the tenant had met. Appeal dismissed. Cases No cases referred to. Statutes No statutes referred.…
…In our opinion, there is no legal liability on the respondent to pay any damages beyond this.…
Division and case type: Environment and LandLand Case
…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…
…Then there is the issue of special damages in the sum of Shs. 11,800,000/-.…
Division and case type: CivilCivil Suit
…(c) General damages for wrongful dismissal and breach of contractreached on 10th April, 1996. (d) A declaration that the letter dated 17th April, 1996 giving theplaintiff one month notice is irregular.…
…The plaintiff, in his plaint did not plead any special damages,specifically. The sum of Kshs.471,000 is made up of two months salary forfailure by the 1st defendant to review the plaintiff's contract.…
Division and case type: Constitutional and Human RightsPetition
…The company did not in any event breach the purported contract, and that even if it did, which is denied, the quantum of the alleged damages or loss suffered by the petitioner had to be specifically proved.…
…It is not for the petitioner to put forward a figure and assess its own damages. I am with the Respondent company in this submission. It is for the court to determine the figure of damages.…
Division and case type: CivilCivil Case
…General damages for pain suffering and loss of amenities were assessed to Kshs. 320,000/- on 15th November, 1994.…
…pain and loss of amenities at Kshs.500,000 proved special damages amount to Kshs. 3,000/-.…
Division and case type: CivilCivil Suit
…....PLAINTIFF VERSUS EAST AFRICAN SUGAR INDUSTRIES LTD.............................................DEFENDANT JUDGMENT In his plaint dated 7th July, 1992 the plaintiff claims the following from the defendant: (a) Special damages…
…in the sum of Shs 1000/- (b) General damages (c) Costs of the suit and interest therein at court rates The plaintiff is Richard Boywa Gor and the defendant is East African Sugar Industries Ltd.…
Division and case type: CivilCivil Suit
…He therefore prays for a permanent injunction to restrain him by himself, his servants or agents from stepping on the land; general damages for trespass to be assessed by this court; mesne profits to be determined by this…
…court; special damages of Kshs 6000/-; exemplary damages, costs and interest.…
Division and case type: CivilCivil Appeal
…Particulars of the respondent’s injuries and special damages are then given. Next comes this paragraph: “6.…
…Mr Aboo’s further submission was that the respondent’s cause of action was for damages for negligence or breach of duty (the duty existing by virtue of a contract) and the damages he claimed for the negligence and or breach…
Division and case type: CivilCivil Case
…MUSILU & ANOTHER HCCC 1202/90 In these cases damages ranged between Shs.250,000/= to Shs. 400,000/=.…
…There was damage for loss of income from the date of the accident to the date of trial.This court thought that such award would be by way of special damages. It could be specificallypleaded and proved.…
Division and case type: CivilCivil Appeal
…He went on to award the respondent Kshs 29,320 as special damages, and a total of Kshs 786,600 by way of general damages, made up as follows: 1. Kshs 450,000 for pain and suffering and loss of amenities of life. 2.…
…They were an actual loss and must be proved as part of the special damages.…
Division and case type: Milimani Commercial CourtsCivil Case
…(c) The Plaintiff’s suit will rendered nugatory if no orders are granted as the 1st Defendant is domiciled overseas and damages will not be an adequate remedy.…
…The 1st Defendant’s freedom to retain or terminate the contract was therefore left intact even though such a termination would be at the pain of paying damages for any breach of contract.…
Division and case type: Milimani Commercial CourtsCivil Case
…Consequently there can be no separate award of damages to the plaintiff under paragraph 7, 8 and 9, and no award of general damages for defamation.…
…The result is that the plaintiff is entitled to general damages only for wrongful arrest, false imprisonment and malicious prosecution. For wrongful arrest I award the plaintiff damages of Kshs 1,000.…
Division and case type: CivilCivil Case
…I agree that award of damages must be fair, bearing in mind the previous decisions.…
…I enter judgment for the plaintiff for Kshs 2000,000 for general damages.…
Division and case type: CivilCivil Case
…Special damages were also agreed at Shs.1,150/-. What general damages should I award to the Plaintiff? To answer that question I must first consider the injuries the Plaintiff sustained during the accident.…
…Justice Wambilyangah awarded Otieno shs.125,000/- as general damages and this was on the 4th March, 1992, that is some three months ago.…
Division and case type: CivilCivil Appeal
…He also awarded general damages in the sum of shs 3,000. It is the above findings that have prompted this appeal.…
…(4) Was there any basis for the trial courts’ award of general damages?…
Division and case type: CivilCivil Appeal
…THAT the defendant is hereby ordered to pay to the plaintiff general damages for Kshs. 250,000/- for inconvenience for refusal to discharge the property in question. 2.…
…She is entitled to damages for inconveniences. (Emphasis mine) 9.…
Division and case type: CriminalCriminal Case
…THAT the defendant is hereby ordered to pay to the plaintiff general damages for Kshs. 250,000/- for inconvenience for refusal to discharge the property in question. 2.…
…She is entitled to damages for inconveniences. (Emphasis mine) 9.…
Division and case type: CivilCivil Appeal
…There is no appeal before us against liability as judgment on liability was entered by Consent and the suit proceeded only on assessment of 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/=.…