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…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.…

…The learned judge however refused to order specific performance of the contract as had been sought by the appellant and also declined to award any damages for such breach of contract as in his view no damages had been proved…

…Rather the only issue left is that of the refusal of the superior court to award damages to the appellant. As regards damages the trial court stated the following:- “The plaintiff claims damages for breach of contract.…

…He awarded damages to the appellant.…

…He assessed either shs 40 nominal damages or (shs 1,500) general damages. He did so, not being sure that Gibbons v Westminster Bank [1939] 2 K.B. 882 would be followed in Kenya.…

…Patel J also ordered damages to be assessed. This proved to be awkward task. First, Cockar J on October 16, 1986, found that no damages were done to the plaintiff.…

…If successful, the assessment of damages would fall away, and the suit would be heard fully, and damages assessed as part of the proceedings, on the basis of such liability found, if any.…

…In any event the tenancy would be subject to notice of two months and damages should have been restricted to that period. (At most the damages should have been nominal).…

…I would agree with the appellant that in principle the respondent was not entitled to any damages. Moreover no profits were proved on the basis of which damages could be assessed.…

…He brought an action for damages for negligence against the driver and owners of the articulated vehicle.…

…This does not mean that damages can be recovered twice over but that if damages recovered under Law Reform Act devolve on the dependants the same must be taken into account in reduction of the damages recoverable under the…

…Theplaintiffs still claimed general damages injunction and costs. But they did not claim any special damages. The defendant filed an elaborate amended defence to the amended plaint.…

…Dhanji took a preliminary point to the effect (as far as can be made out from the notes made by the learned judge) that there can be no claim for general damages for inducing a breach of contract and that special damages…

…No special damages were proved and no general damages were proved beyond the cost of repairs which the tenant had met. Appeal dismissed. Cases No cases referred to. Statutes No statutes referred.…

…In our opinion, there is no legal liability on the respondent to pay any damages beyond this.…

…The respondent commenced proceedings in the superior court for damages for breach of contract, specific performance of the contract by execution of all necessary documents, general damages, exemplary damages, interests and…

…Then there is the issue of special damages in the sum of Shs. 11,800,000/-.…

….…..RESPONDENTS JUDGMENT This is an appeal from the award of damages made by the High Court in a personal injury suit.…

…If as seems clear he did, he must have awarded the appellant less damages than he would otherwise have felt disposed to award.…

…He went on to award the respondent Kshs 29,320 as special damages, and a total of Kshs 786,600 by way of general damages, made up as follows: 1. Kshs 450,000 for pain and suffering and loss of amenities of life. 2.…

…They were an actual loss and must be proved as part of the special damages.…

…Consequently there being no defence, judgment was entered as prayed in the plaint, but damages were to be assessed later.…

…Mr Commissioner Sampson calculated the damages as amounting, in all, to Shs 71,312/-, in accordance with the findings of Mr Justice J.S.Patel.…

…The agreed general damages for pain and suffering and loss of amenities was £120,000.…

…The damages awarded under this head in the past judgements are between Shs. 300,000 and Shs. 600,000. The damages Cockar J. awarded under this head was in excess and outside the bracket of decisions of this court.…

…There is no appeal before us against liability as judgment on liability was entered by Consent and the suit proceeded only on assessment of damages.…

…Giving the best consideration to this aspect of the case, we thing that the figure of general damages for pain, suffering and loss of amenities should be reduced by one-half to shillings 600,000/=.…

…Njuguna’s main argument simply is that when damages are an adequate remedy and that when mode of calculating such damages is agreed, the court ought to consider that damages are an adequate remedy.…

…Njuguna took exception to there being no undertaking as to damages given by the respondent should she not succeed eventually.…

…NO. 114 OF 1992) ************************** JUDGEMENT OF THE COURT This is a second appeal from the decision of the Resident Magistrate’s Court in Nairobi by which the respondent was awarded Shs.85,000/- as general damages…

…In a claim by an employee against his employer for damages for wrongful dismissal, such damages are limited to the amount the employer would have been obliged to pay if he had brought the contract to an end in accordance…

…There is no appeal before us against liability as judgment on liability was entered by Consent and the suit proceeded only on assessment of damages.…

…Giving the best consideration to this aspect of the case, we thing that the figure of general damages for pain, suffering and loss of amenities should be reduced by one-half to shillings 600,000/=.…

…And having done so, he reached a figure of Kshs 38,880 as damages.…

…Accordingly, they say the award of damages made in their favour was void as was the action itself.…

…Her two sons (the repondents) filed suit in the superior court claiming damages under The Law Reform Act and The Fatal Accidents Act (chapters 26 and 32 respectively of The Laws of Kenya).…

…The superior court had before it the task of assessing general damages under the two aforesaid Acts, and special damages. We will first deal with the claim under The Fatal Accidents Acts.…