Case law
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Division and case type: CivilCivil Appeal
…In this case, such repairs as there were had been done by the tenant and the only compensation that the landlord could receive would be mesne profits for any period that the tenant could be shown to have held over. 3.…
…So the only compensation that the landlord could receive would be mesne profits for any period the tenant could be shown to have held over. That was shown to be a period of one month - that is up to April 30, 1983.…
Division and case type: CivilCivil Appeal
…Mwotia built 5 houses and planted 1,300 coffee trees and 6,000 cash crop plants on the half he occupied for those 15 years and compensation for those should be his if he had to quit that half and the amount should be based…
…At once the question arises as to whether judgment in default was to be for the order or the compensation?…
Division and case type: CivilCivil Appeal
…damages are appropriate in two classes of case: oppressive, arbitrary and unconstitutional action by the servants of Government, and conduct by a defendant calculated to make a prot for himself which may well exceed the compensation…
Division and case type: CivilCivil Appeal
…All that judges and courts can do is to award sums which must be regarded as giving reasonable compensation. In the process there must be the endeavour to secure some uniformity in the general method of approach.…
…She is only entitled to what is in the circumstances, a fair compensation, fair both to her and to the defendants. The defendants are not wrongdoers. They are simply the people who foot the bill.…
Division and case type: CivilCivil Appeal
…Visram, Koome & Otieno Odek JJA), delivered on 30th September, 2014 in Nyeri Civil Appeal No. 24 of 2014) Whether orders of stay of execution can be issued where failure to do so would render an appeal nugatory and where compensation…
…Procedure – execution – stay of execution – factors to consider - whether orders of stay of execution could be issued where failure to do so would lead to probability of the substratum of the appeal being spent and where compensation…
Division and case type: CivilCivil Appeal
…He assessed the compensation for this by taking Kshs 2,805 a month.…
…On that score the appellant had lost his capability for which the appellant was entitled to appropriate compensation. As Kneller JA states, we were not invited to consider an award for the particulars loss.…
Division and case type: CivilCivil Case
…that he was never served with summons as alleged by the process server or at all while the 2nd defendant’s contention appears to be that he had settled the matter with the plaintiff, giving to the plaintiff four cows as compensation…
Division and case type: CivilCivil Appeal
…It appears that the respondent did not sue for the eviction of the appellant but merely for damages (a) for the value of the half-shop which was lost, (b) compensation for improvements and (c) loss of profits through interruption…
Division and case type: CivilCivil Case
…established for Kenya or some other country in respect of a criminal offence of which he has been convicted;” Section 72(6) provides: “A person who is unlawfully arrested or detained by another person shall be entitled for compensation…
Division and case type: CivilCivil Case
…The pain may be brief and eeting but it is entitled to compensation. The generally accepted principle is that nominal damages will be awarded on this head for death occurring immediately after the accident.…
Division and case type: CivilMiscellaneous Application
…So, if they were erased no amount of damages would be adequate compensation. The ex parte motion set out twelve grounds for holding that Mr Justice O’Connor erred when he refused the main application.…
Division and case type: CivilCivil Suit
…So, if they were erased no amount of damages would be adequate compensation. The ex parte motion set out twelve grounds for holding that Mr Justice O’Connor erred when he refused the main application.…