Case law
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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: CriminalCase number Criminal Revision
…Restorative justice: to address the needs arising from the criminal conduct such as loss and damages. v. Community protection: to protect the community by incapacitating the oender. vi.…
Division and case type: CivilCivil Suit
…& Co., Ltd., 91973) E.A. 358 it was held that an applicant must show a prima facie case with a probability of success and that the applicant might suffer irreparable injury incapable of being compensated by an award of damages…
Division and case type: CivilCivil Suit
…It is the suit filed by Shem Nyambasi Mulefu and Elija Nandi Chikamai against the applicant for injunction, eviction and general damages.…
…Although the respondents got themselves registered as proprietors of the applicant’s parcel of land and got certificate of title, the suit filed for injunction as to trespass, possession and damages relates to a different…
Division and case type: CivilCivil Case
…Daniel, the plaintiff seeks to recover both general and special damages from James Matunda Saisi and M/S Kenya Breweries Ltd, the defendants, for a damage to her motor vehicle and for a loss of its use while it was undergoing…
…The 2nd defendant is therefore both liable and vicarious liable to the plaintiff in damages arising from the damage to her motor vehicle.…
Division and case type: CivilCivil Case
…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…
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: Constitutional and Human RightsPetition
…The observations of Harman L.J in Re LHF Wools Ltd that if there was a cross claim like in this case damages for breach of contract, is just as if there were disputed debt.…
Division and case type: CivilCivil Case
…court was made on 1.12.89, that the decision of the Court of Appeal in the case of Hintz v Mwakima, (1982-88) 1 KAR 482, had held that a personal representative as opposed to a legal representative, could sue in Kenya for 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…
Division and case type: CivilCivil Case
…Court awarded shs 120,000/= general damages in July 1989.…
…I would assess general damages at shs 100,000/=. No evidence was led to prove the special damages claimed. But there is no doubt that the plaintiff was examined twice by Mr Rasik Patel who prepared to medical report.…
Division and case type: CivilCivil Appeal
…The quantum of damages for the loss of an eye was a matter of public importance in view of the widely disparate awards that have so far been given in Kenya, and that he should, at the very least, be given an adjournment to…
Division and case type: CivilMiscellaneous Application
…this court has said that issues not before the High Court on an Originating Summons should not be decided n proceedings before it, namely Kenya Commercial Bank v James Osebe, Civil Appeal 60 of 1982, where the issue of damages…
Division and case type: CivilCivil Case
…The application by the defendants arise in this way: On the 9th December, 1985 the respondent Harun Miruka (the plaintiff) instituted the suit against the defendants claiming general damages arising out of a traffic accident…
…The application by the plaintiff for an interlocutory judgment must have been made under order 9A rule 6 of the Civil Procedure Rules which allows for the entry of an interlocutory judgment with a subsequent assessment of damages…
Division and case type: CivilCivil Appeal
…Nduhiu asked the High Court for orders that Mwotia should vacate Ruguru Kiamariga 328 in Ruguru location, Nyeri, pay him general damages for fifteen years unlawful occupation of it and the costs of the suit.…
…This led to Nduhiu suffering loss and damages. No particulars were supplied.…
Division and case type: Anti-CorruptionCivil Suit
…Secondly, that unless granted an injunction he is likely to suffer injury incapable of adequate redress by an award of damages.…
Division and case type: CivilCivil Appeal
…The plaintiff also claimed general damages suffered by it in its standing as a Road Contractor of repute with the Insurance Company which issued the Performance Bond, and other Insurance Companies, which had been adversely…
…The disputes between the parties were about the expenses incurred and damages suffered as a result, and work done as per certificate number 3 which had not been paid for (paragraphs 7, 8 and 12 of plaint).…
Division and case type: CriminalCriminal Appeal
…Restorative justice: to address the needs arising from the criminal conduct such as loss and damages. v. Community protection: to protect the community by incapacitating the oender. vi.…
Division and case type: Milimani Commercial CourtsCivil Case
…The plaintiff was required to establish a prima facie care with a probability of success, that damages would not be adequate compensation in the event the order was not granted and that if the court is in any doubt the matter…