Case law
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Division and case type: CriminalCriminal Appeal
…The appellant was convicted for assault occasioning actual bodily harm and sentenced to 24 months imprisonment, plus 6 strokes of the cane and to pay the complainant Kshs 5,000 compensation.…
…The order of compensation of Ksh 5,000 is also quashed as there is no evidence that the complainant incurred any medical expenses. December 7 ,1987 TORGBOR JUDGE…
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: CivilCivil Appeal
…The appellant complains that the compensation awarded him was wholly inadequate and was based on incorrect principles and invites us to increase it.…
…The learned judge put at the forefront of the appellant’s entitlement to compensation, what he called his “loss of dignity”. It is not entirely clear what the judge meant by this.…
Division and case type: CivilCivil Appeal
…But having looked and considered the compensation awarded for comparable or almost comparable injuries both before and after the date of the judgement, I think a fair and reasonable compensation should be within the 40,000…
…I would also accordingly reduce the compensation for pain, suffering and loss of amenities of life to that figure.…
Division and case type: CivilCivil Appeal
…The respondent accordingly put in a claim for compensation for the loss of his suitcase and its contents which he valued at a total sum of shs 126,260.…
…The court therefore held that the appellant was liable to compensate the respondent for the actual loss of his suitcase and its contents: he assessed the compensation in the sum of shs 36,000.…
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: 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 Appeal
…Not surprisingly therefore, no provision was contained in the agreement for the payment of interest on the compensation that fell to be paid or otherwise, where the appellant was in breach of the agreement.…
…And so, apart from the fact that a breach of the agreement by the appellant would not make him liable in addition to the agreed compensation payable by him under the agreement, to pay any interest on the amount of rental…
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 Appeal
…although not vitiated by any irregularity in publishing or conducting it, does not preclude anyone who sustains an injury, by reason of that irregularity at the hand of any other person, instituting a suit against him for compensation…
…, or (if such person is the purchaser) for recovery of the property and for compensation in default of its recovery.…
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…