Case law
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Division and case type: CivilCivil Appeal
…RESPONDENT JUDGMENT This is one of the few cases where a land owner disputes compensation paid to him in respect of compulsory acquisition of part of his land.…
…Paragraph 1(c) of the section provides for prompt payment of full compensation for the property so acquired.…
Division and case type: CivilCivil Case
…In the alternative, the defendant avers that he has had already paid agreed compensation to the plaintiff. The plaintiff filed a reply to the defence and denied that she has received any compensation.…
…Has the defendant paid mutually agreed compensation to the plaintiff in full and final settlement? 6. What is the order as to costs?…
Division and case type: CivilCivil Case
…He assessed general damages at Kshs 270,000/- less workmans compensation of Kshs 16,540/50 leaving a balance of Kshs 253,450.00 plus costs and interest. There was an order for special damages of Kshs 1,500.00.…
…I find that liability was well established as found by the trial magistrate that there is no denial that the respondent was an employee of the appellant and he was injured on duty and was paid workmans compensation.…
Division and case type: CivilCivil Case
…The defendants have accepted their full liability for the negligence which resulted in the collision and so this case comes to me solely for assessment of damages to be paid to the plaintiff as compensation for the injuries…
…All that judges and courts do is to award sums which must be regarded as giving reasonable compensation. In the process there must be an endeavour to secure some uniformity in the general method of approach.…
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 Case
…The medical evidence shows that the plaintiff’s complaints for which he is justified in seeking compensation are loss of the right leg and the consequential inability to work or use the leg.…
…The evidence from the Ministry of Labour, Mombasa: It was given by Mr Francis Gitau who is incharge of workmen’s compensation.…
Division and case type: CivilCivil Case
…performance of his duties the plaintiff had totally fallen from grace by accepting bribes from those candidates he interviewed for jobs and so did not deserve to continue in his employment and they should not be ordered to pay 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 Case
…It is only by adding up the awards in both cases cited by Mr Ringera that one gets roughly closer (if that is possible) to “compensation which would give the injured reparation for the wrongful act and for all the material…
Division and case type: CivilCivil Suit
…Mr A M Nathwani, one of the partners of Tononoka Haulage Contractors testified that that firm compensated the ultimate consignee for the loss thus sustained and in its turn deducted the amount of the compensation thus paid…
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
…At all events the Workmens Compensation Act report says it was 5 pm. In my view the balance of probabilities are tht the latter was the correct time. That point was not, however noticed by either counsel.…
Division and case type: CivilCivil Appeal
…Therefore Kshs. 30,000 would be fair and adequate compensation for pain and suffering and loss of amenities. With the special damages of Kshs 1,010 the total of damages was Kshs 31,010.…
Division and case type: CivilCivil Appeal
…the learned trial judge found that the first defendant, was not liable on the exemption clauses contained in the warehouse warrants, and indeed Securicor was an independent contractor, to whom the plaintiff must look 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.…