Case law
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Division and case type: Milimani Commercial CourtsCivil Case
…Mr Khaminwa for the plaintiff argued that the plaintiff was entitled to compensation for the improvements on the plot.…
…The schedule to the Law Acquisition Act contains principles on which compensation is to be determined under the Act.…
Division and case type: CriminalCriminal Appeal
…The complainant is said to have paid Kshs 1,000.00 to the appellant as compensation. This payment of compensation was not challenged.…
…If the appellant was paid compensation by the complainant then this is an indication of negligence on the part of the complainant. The learned senior state counsel (Mr Nyagah) did not seek to support the conviction.…
Division and case type: CivilCivil Case
…Substantial loss is that loss may not be made good by monetary compensation. And so, a party is bound to show what such loss is and why an award of damages will not be sufficient compensation.…
Division and case type: CivilCivil Case
…The Court must assess the degree of the inconvenience, hardship, or embarrassment suffered and do its best to fix a monetary compensation.…
…Taking all the circumstance into account, I consider Kshs 40,000/= as reasonable compensation by way of general damages. Then there is the question of exemplary damages. These are damages awarded punitively.…
Division and case type: CivilCivil Suit
…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…
…I would not consider the stated losses to be of such a nature as would not be capable of compensation in damages should the temporary injunction not be granted.…
Division and case type: Milimani Commercial CourtsCivil Case
…The question is what will be a fair and reasonable compensation to award this little girl who suffered so much by this accident?…
…This only shows that award of compensation for pain and suffering is, by and large, a matter of impression and common sense.…
Division and case type: CivilCivil Case
…She prayed for compensation as per her pleadings in court. As was rightly stated by the plaintiff in the counterclaim, the claims in the plaint or amended plaint were not proved against her.…
Division and case type: CriminalCriminal Appeal
…regards the robbery charge the complainant’s cattle had apparently strayed into the appellant’s land and caused damage for which the appellant impounded them and refused to release them to the complainant’s wife, demanding compensation…
Division and case type: Constitutional and Human RightsPetition
…Premature because he had not been publicly examined putsuant to the provision of the Section 17 of the Bankruptcy Act; and secondly no scheme of compensation had been requested for or given before he could be adjudged.…
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…
Division and case type: CivilCivil Case
…The principles indicated in that case were that (1) the case has to have reasonable probability of success (2) that the injury likely to be suffered has to be incapable or unsuitable of monetary compensation and (3) that…
…They also stress the need for maintenance of status quo rather than monetary compensation as the courts should not act in vain and/or that their decisions should not be rendered nugatory in the course of the pendency of a…
Division and case type: CivilCivil Case
…In Words and Phrases Legally Defined, Vol 3 p 79, “interest” is defined as: “…….. the return or compensation for the use or retention by one person of a sum of money belonging to or owed to another.”…
…The compensation is in the form of interest. The argument raises fundamental questions.…
Division and case type: Milimani Commercial CourtsUnclassified
…However, in paragraph 6 and 8 of the plaint, the respondent averred that he had traveled on several occasions to Mombasa to pursue the delivery of the motor vehicle and craved for the court to award him compensation for the…
Division and case type: CivilCivil Case
…city commission, one for grocery and the other in the name of the plaintiff’s daughter for gruel and cooked mixed vegetables. 3 The kiosk was constructed. 4 That part of the kiosk was demolished on September 8, 1983. 5 No compensation…
…In other words they are awarded in order to punish the defendant in an exemplary manner and not as a compensation to the plaintiff.”…
Division and case type: Milimani Commercial CourtsCivil Case
…What I have to determine under this head of damage is a fair and reasonable compensation for the plaintiff. Before doing this, I must state briefly the injuries he suffered.…
…I must now answer the not-too-easy question; what will be a fair and reasonable compensation to award the plaintiff for his pain and suffering and loss of amenities?…
Division and case type: CivilCivil Case
…I will therefore not award any damages under the workmen’s compensation or loss of salary, as the plaintiff’s services were terminated and his dues were paid in accordance with his terms of service.…
Division and case type: CivilCivil Case
…house on the parcel of land but that after discussion with elders, it was decided that he transfers 0.1 acre of the suit to the applicant while the latter would transfer to him 0.1 acre of his land to the respondent as compensation…
Division and case type: CivilCivil Case
…It has been submitted that damages shall be adequate compensation. My answer is that an offended party should not be forced to take damages in lieu of restoration into the premises.…
Division and case type: CivilCivil Case
…In my view a figure of Kshs 150,000 would be fair compensation for loss of earning capacity.…
Division and case type: Constitutional and Human RightsPetition
…and Immigration Act, 2011 liberating the Petitioner on less restrictive terms e) An order that the Respondents do set up holding facilities under section 50 of the Kenya Citizens and Immigration Act, 2011 f) An order of compensation…