Search court decisions

…The defendants admitted liability and hence the only issue before the court is quantum of general damages since special damages have also been agreed at Kshs 8,650.…

…I agree with Mr Mwaura for the plaintiff and Mr Muchui for the defendants that damages in this case should be under the following heads: (1) General damages for pain, suffering and loss of amenities of life. (2) General damages…

…On May 14, 1985 an interlocutory judgment was entered against both the defendants with a sum of Kshs 450 together with interest for special damages.…

…The damages that I am required to assess are therefore only in respect of pain and suffering and the injury of the double fracture of the right femur.…

…DEFENDANT JUDGMENT The case before me is for damages on injuries sustained in a motor vehicle accident by the Plaintiff. I say so because the circumstances are indeed most strange.…

…In the event that the plaintiff ought to have been awarded damages I would hold out that he substantially contributed to his negligence at a ratio of 50% to 50%.…

…- general damages - claim for damages under the Fatal Accidents Act (cap 32) - father claiming damages for the death of six year old child - whether father entitled to such damages in the absence of evidence of any pecuniary…

…Damages - assessment of damages - general damages under the Fatal Accidents Act (cap 32) - father claiming damages for the death of a six year old child - principles the Court of Appeal will apply in considering whether to…

…The award of damages is a matter within the discretion of the trial court.…

…It was thus relevant to the assessment of damages for the purpose not of minimizing the damages, as the learned judge held, but for enhancing them. 5.…

…The applicant will give a written undertaking guaranteed by a bank or an insurance company in damages.…

…In the case of the sale of immovable property it is a great hardship to lose it, and damages are not usually a suitable compensation.…

…That is to say that the issue of liability has been impliedly settled and the only issue which remains for further determination is the quantum of damages if any in respect of lost years.…

…figure of Kshs.2.6 million as general damages for lost years.…

…PLAINTIFF VERSUS INTERNATIONAL AGRICULTURE ENTERPRISES LTD & ETCO (MSA)LIMITED…………………………………… DEFENDANTS RULING The action herein was for damages based on demurrage of a motor vessel “Penny S”.…

…The damages were liquidated at Kshs132,508/=. Pleadings closed normally and directions on a summons were given. By May, 1983 the suit was ready for trial.…

…It was agreed between the learned counsel for the parties that the issue No 2 in the draft issues annexed to the summons for direction be argued first in order that the claim for general damages in the plaint could be determined…

…use trade marks and other rights for a period of 10 years from 11th November 1983 or was the agreement on its true construction a licence at will which could be terminated at any time by the defendant without penalty or damages…

…1982 DR SAMUEL MMBBURU………………………………………………..PLAINTIFF AND NDERITU NJUGUNA & 3 OTHERS……………………………………DEFENDANT JUDGMENT The plaintiff Dr Samuel Mburu (P W 1) brings this suit against the defendants seeking special and general damages…

…When the case came up for hearing on the 25th January 1984 the advocates for all the parties had agreed on the quotum of damages and hence the following consent order was recorded by this court.…

…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…

…APPLICANT VERSUS GEORGE W WAWERU................................RESPONDENT RULING On 27th December 1991, the plaintiff/applicant filed a suit against the defendant/respondent and claimed from him both general and special damages…

…The respondent sought special damages in the sum of Kshs 2,670/- as well as general damages for breach of contract, loss of legitimate expectation, frustration and embarrassment.…

…The subordinate court proceeded to award special damages of Kshs 1,359/- and nominal damages of Kshs 200,000/- as well as the cost of the suit to the respondent.…

…The trial court upon consideration of the evidence delivered a judgment on quantum of damages as follows: a) General damages – Kshs. 250,000 b) Special damages – Kshs.68,228 The total award was reduced by 20% contributory…

…While some judges apply the apportionment universally across both special and general damages, some others have ruled that special damages should not be subject to apportionment, reasoning that special damages are strictly…

…The trial magistrate in making the award on damages noted that the parties did not make any proposal as regards the general damages awardable and made an award of Kshs 200,000/- as general damages.…

…On special damages, the appellant submits that special damages must not only be pleaded but strictly proved.…

…The appellants also faulted the learned trial magistrate for awarding the respondent damages for loss of amenities in addition to general damages for pain and suffering and for awarding special damages in the sum of Kshs.…

…damages under the two heads amounted to double compensation. 29.…

…The total sum of the itemized special damages is Kshs. 28,520/=.…

…Assessment of damages is a matter for the trial court’s discretion.…

…He claimed general damages for pain, suffering and loss of amenities of life, provision for future medical care, damages for loss of earning capacity/loss of earnings and special damages plus costs of the suit and interest…

…The case then was set down for assessment of damages.…

…It is submitted that the court awarded general damages of Kshs. 750,000, future medical expenses of Kshs 500,000 Special Damages of Kshs 280, 225 and subjected the general damages and future medical expenses to the apportionment…

…On the special damages award, it is contended that the 1st respondent specifically proved and pleaded damages of Ksh 280,225 and the receipts for all the special damages were produced by consent as is indicated in the proceedings…