Case law
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Division and case type: CivilCivil Case
…PLAINTIFF VERSUS KENYA PORTS AUTHORITY.............................DEFENDANT RULING The plaintiff herein alleged in his plaint that he was so unlawfully dismissed from his employment with the defendant that he should be awarded compensatory…
…damages by this Court.…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…damages together with simple interest on the said amounts broken down below:- (a) Kshs 7,052,182.52 as compensatory damages together with interest for loss of user in office 6 on 4th floor from 1st April 2016 when the Plaintiff…
…As regards the alleged compensatory damages, I note from the Final Award, the Arbitrator stated as follows:- “282. The Respondent cannot have its cake and eat it.…
Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…The Petitioners having in succeeded in proving violations, what remains is the level of compensatory damages Mr.…
…In the circumstances, an award of compensatory damages of Kshs 3,000,000 is fair and reasonable.…
Division and case type: High Court DivCivil Appeal
…The learned trial magistrate erred in law and fact by failing to consider that compensatory damages are intended to indemnify the victim for the loss suffered and not to punish the tortfeasor. 3.…
…The Appellants further submitted that compensatory damages are intended to indemnify a victim for losses suffered rather than to punish the tortfeasor. 6.…
Division and case type: High Court DivCivil Appeal
…The respondent sought the following orders: a declaration that the appellant trespassed, general damages, compensatory damages in the sum of Kshs 1,438,150/= and costs plus interest at court rate. 3.…
…The respondent urged the court to award general and compensatory damages of Kshs 1,438,150/=. The respondent urged the court to enter judgment in its favour as outlined in the plaint. 10.…
Division and case type: High Court CriminalCriminal Appeal
…This court will now proceed to assess the quantum of compensatory damages payable to the complainant and will take into consideration the following factors: I.…
…Premised upon the authorities cited hereinabove and regard being had to the nature of injuries sustained by the minor complainant in the original case, I do assess the compensatory damages at Ksh 100,000. 28.…
Division and case type: High Court Commercial and TaxCommercial Matters
…In this case, the deceased agreed to compensate the plaintiff by paying him Kshs. 9,000,000/= but only paid Kshs. 1,647,000/= leaving a balance of Kshs. 7,353,000/= thus the plaintiff is entitled to compensatory damages or…
…He further relied on the case of Cuosseus v Attorney General [1999] 1EA 40 and asserted that plaintiff is entitled to compensatory damages for the deceased’s failure to honor the agreement between him and the plaintiff. 20…
Division and case type: High Court DivCivil Appeal
…, yet no evidence was adduced by the plaintiff to prove that the alleged parcel of land had remained fallow for the entire duration of the contract. g) The learned trial magistrate erred in law in awarding and assessing compensatory…
…damages, in the sum of Kshs. 857,850/= only in favour of the respondent, whereas the said damages had neither been pleaded nor proved, in accordance with the law. h) The learned trial magistrate erred in law and in fact…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…injuries should so far as possible be compensated by comparable awards, while recalling that no two cases are exactly alike; and (ix) That the learned Magistrate erred in law and fact in failing to consider that, in assessing compensatory…
…damages, the law seeks to indemnify the victim for the loss suffered and not to mulct the tortfeasor for the injury he has caused. 7.…
Division and case type: High Court DivConstitution and Human Rights Petition (Civil)
…The respondent cited the case of Carey v Piphus 435 U.S, 247 (1978) where the US Supreme Court ruled that: While presumed compensatory damages may not be awarded in an action for a violation of procedural due process, nominal…
…and proven compensatory damages are appropriate to redress such grievance.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…(j) In law and fact in failing to consider and find that in assessing compensatory damages, the law seeks at most to indemnify the victim for the loss suffered and not to mulct the tortfeasor for the injury he has caused.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…Compensatory damages are awarded to a wronged party in exercise of the court’s discretion.…
Division and case type: High Court Commercial and TaxCommercial Matters
…The appropriate remedy for the Plaintiffs given the current circumstances, is now to pursue the main suit for compensatory damages or for final orders seeking to set aside or nullify the sale, a determination which can only…
Division and case type: High Court DivCivil Appeal
…This court also had due regard to the case of Lim vs Camden HA [1980] AC 174 where it was held that even in assessing compensatory damages, the law sought to indemnify the victim for the loss suffered and not to punish the…
Division and case type: High Court DivCivil Appeal
…The learned trial magistrate erred in law in awarding and assessing compensatory damages in the sum of Kshs. 317,844/= only in favour of the Respondent, whereas the said damages had neither been pleaded nor proved, in accordance…
Division and case type: High Court DivCivil Appeal
…This court also had due regard to the case of Lim vs Camden HA [1980] AC 174 where it was held that even in assessing compensatory damages, the law sought to indemnify the victim for the loss suffered and not to punish the…
…This court also had due regard to the case of Lim vs Camden HA [1980] AC 174 where it was held that even in assessing compensatory damages, the law sought to indemnify the victim for the loss suffered and not to punish the…
Division and case type: High Court DivCivil Appeal
…THAT the Learned Trial Magistrate erred in law in awarding and assessing compensatory damages in the sum of Kshs. 599,640/= only in favour of the Respondent whereas the said damages had neither been pleaded nor proved in…
Division and case type: High Court DivCivil Suit
…The plaintiff in his plaint is seeking a declaratory order, a permanent injunction, and general damages for defamation, compensatory damages, exemplary damages, punitive damages, and aggravated damages.…
Division and case type: High Court DivCivil Suit
…The plaintiff in his plaint is seeking a declaratory order, a permanent injunction, and general damages for defamation, compensatory damages, exemplary damages, punitive damages, and aggravated damages.…
Division and case type: High Court DivCivil Appeal
…He explains that non-pecuniary loss damages are generally understood as compensatory damages for non-financial detriments.…
…Non-pecuniary loss damages in the sense used here means what are generally referred to as compensatory damages for non-financial detriments ....” 14.…