Case law
Search tips: "exact phrase" · -exclude · land | property · negligen* · citations like [2023] KEHC 123
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…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…
Division and case type: CivilCivil Appeal
…appeal raises a short issue which is: Can an insurer (or a tortfeasor) who is dealing with the advocates for the injured party upon settlement of claim, pay directly to the injured party, the sum in respect of the claim for damages…
…The advocate after deducting his fees (including advocateand client element thereof) is bound to pay the balance of the awarded or agreed damages to his client.…
Division and case type: CivilCivil Suit
…In the circumstances, what reasonable damages can the plaintiff be awarded?…
…On top of this is shs.600/= special damages for which an interlocutory judgment was entered on 8th October, 1984.…
Division and case type: CivilCivil Case
…The defendants have in addition filed a counterclaim repeated the contents of the defence and claiming damages. Damages for breaches such as are alleged can only be special damages and they must be pleaded and proven.…
Division and case type: Milimani Commercial CourtsCivil Case
…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…
Division and case type: CivilCivil Appeal
…Gideon Gitau Ndatha (the appellant) filed proceedings against Rosaline Mary Osborn (the respondent) to recover damages for personal injuries alleged to have been sustained in a collision involving the appellant and a vehicle…
…He then sets out particulars of negligence, injuries and of special damages.…
Division and case type: CivilCivil Case
…defendants case was that the goods it was carrying belonged to known people who had hired the motor vehicle to transport the same from Nakuru District to NaAitr otbhie. trial of the suit a part from the issue of quantum of damages…
…That now leaves me with the question of general damages and costs.…
Division and case type: Milimani Commercial CourtsCivil Case
…I am not convinced of that, and so the next question is whether the Applicant stands to suffer irreparable loss which cannot be compensated by an award of damages.…
…The Applicant has not demonstrated which irreparable loss, if any, she would incur that cannot be compensated by way of damages if the injunction is not granted.…
Division and case type: GeneralUnclassified
…some merit in the first ground, but since the applicant did not in his plaint seek the equitable relief of specific performance, it would seem to us that it can not be said that the appeal if successful, would be nugatory, damages…
Division and case type: CivilCivil Case
…precious and semiprecious stones operating from Nairobi and has brought this suit against the defendant, Stephen Njoroge Wambari, a farmer who farms in the Trans Nzoia District of Kenya to recover both special and general damages…
…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.…
Division and case type: CivilCivil Case
…By Clause (V) the 2nd defendantherein relinquished its claim over the land and agreed toconfine its claim to damages. The maximum of the damages wasto be the valuation amount of the land, above.…
…True, it retains the right to claim damages. However, there are certain rights it has lost. It cannot be restored toposition it was in before the suit agreement. Estoppel is available against the plaintiff.…
Division and case type: CivilCivil Case
…DEFENDANT JUDGMENT The plaintiff Ali Juma Maingi sued his former employer Metal Box (K) Ltd claiming damages for the injuries he sustained as a result of being assaulted by one of his fellow co-employees, in the course of…
…I have considered the awards of damages in the various cases which were quoted to me, but each must be looked at from its own facts and circumstances.…
Division and case type: CivilCivil Case
…The measure of damages suggested by Mr. Ransley, is, in my opinion, not the correct measure of damages in this case.…
…It is reminiscent of the normal measure of damages in contract which damages are intended to put plaintiff in the same position he would have been if the contract was in fact performed.…
Division and case type: CivilCivil Appeal
…(2) If so, what damages?…
…He then held M'Mukanya and Nyamu were liable in damages for what they did on M'Mbijiwe's plot. He then made these orders - 1. M'Mukanya and Nyamu to be evicted from plot 58 2. Kshs 2,000 general damages 3.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Case
…Secondly, an interlocutory injunction will not normally be granted unless the applicant might otherwise suffer irreparable injury, which would not adequately be compensated by an award of damages.…
…Even if I was wrong in forming this view, I do not see that Hilton Hotel would be unable to meet any award of damages which may ultimately be made against it.…
Division and case type: Milimani Commercial CourtsCivil Case
…struck out on December 13, 1985 on the ground that it did not disclose any reasonable defence, was frivolous, vexatious and an abuse of the process of court and in the event this matter came before me for assessment of damages…
…case of New Munyu Sisal Estates Ltd v Attorney General (1972) EA 88, the court when dealing with the question of full compensation in a compulsory acquisition case held that if the land was not lawfully taken over, the damages…
Division and case type: CivilCivil Case
…DEFENDANT J U D G M E N T The Plaintiff, Jane Wanja Mwangi, filed this suit against the Defendant, Nairobi City Commission praying for Judgment for " (a) Damages for wrongful dismissal, defamation and other benefits (b) Costs…
…of the suit (c) Interest on damages and Costs of the suit."…
Division and case type: CivilCivil Suit
…His remedy if he is unlawfully dismissed is in damages.…
…employee are dismissed he stands to lose his livelihood at least for sometime but that cannot be taken particularly in the circumstances of this case as an irreparable injury which cannot be compensated with an award for damages…