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…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.…

…The Defendant is accordingly liable to the Plaintiff in damages for that negligence.…

…Accordingly I award to the Plaintiff Shs.3,800/- as special damages. In the event, I now enter judgment for the Plaintiff against the Defendant as hereunder:- 1. General Damages for loss of dependency ……………….…

…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.…

…By this action he seeks to recover damages from the defendant.…

…In a judgment which was delivered on the 14th November 1989 the plaintiff was awarded Shs. 200,000/=; as general damages for pain, suffering and loss of amenities.…

…(c) an order that the plaintiffs be restored to the possession of L.R. no 209/8258 forthwith (d) general damages (e) costs of the suit.…

…This is the level of damages they are entitled to. Damages would therefore be an adequate remedy. I bear in mind that as at this stage the only evidence I have is by way of affidavits and annextures.…

…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.…

…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.…

…the leading case of GEILLA –vsCASSMAN BROWN [1973] E.A. 358, VIZ: 1) The Applicant must establish a prima facie case with a probability of success, 2) The Applicant must demonstrate that he stands to suffer irreparable damages…

…not capable of compensation in damages 3) On the balance of convenience Applicant must show he is entitled to the injunctive orders.…

…Issue No.4: Did the Plaintiff suffer loss and damages asparticularized in paragraphs of the Plaint? I find that the Plaintiff may have suffered loss and damagebut proof of such loss is strict.…

…As this was dispensed with actualproof of loss and damages should have been given on oath by thePlaintiff. He failed to do so.…

…Instead of Coast Hauliers however claiming damages from Awadh Mahrus, a Limited Company called Highway Carriers Ltd made that claim and is in fact one of the co-plaintiffs in this suit.…

…I hence find as a fact that at no time have Coast Hauliers claimed any damages from the defendant and that Highway carriers Ltd were in no way involved in the carriage of the 125 drums.…

…The defendant filed two affidavits with the object of obtaining leave to defend and made allegations that the lease had been obtained by fraud and that she had a claim for damages for disrepair against the plaintiffs.…

…On appeal to the then Court for Eastern Africa, it was held by Newbold, P and Duffus, AG V-P that the allegation that the premises were defective and that there was a reasonable claim for damages raised a triable issue; as…

…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.…

…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.…

…There is a further claim of general damages. Plaintiff’s evidence disclosed that by an agreement dated 20.11.85 (Ex1) defendant agreed to sell motor vehicle Reg No KWJ III to plaintiff at a price of Shs 220,000.…

…I could not have held defendant liable to pay general damages with regard to the interest charged on the loan obtained by plaintiff from KFC.…

…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.…

…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.…

…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.…

…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…