Case law
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Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…Taking into account all injuries suffered by the respondent and keeping in mind the principles of assessment of such damages and also fall in value of money we assess the damages for pain, suffering and loss of amenities…
…The damages under the head of "loss of earning capacity" can be classified as general damages but these have also to be proved on a balance of probability.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilMiscellaneous Application
…He found that the company could be adequately compensated in damages by the Bank and KCFC if the company succeeded in proving its claims in the trial of the action.…
…The damages were quantifiable and the Bank and KCFC had the assets to cover them.…
Division and case type: CivilCivil Suit
…He found that the company could be adequately compensated in damages by the Bank and KCFC if the company succeeded in proving its claims in the trial of the action.…
…The damages were quantifiable and the Bank and KCFC had the assets to cover them.…
Division and case type: CivilCivil Appeal
….…..RESPONDENT (Appeal from the High Court at Kisumu, Butler-Sloss J) JUDGMENT Platt JA The appellant, Shadrack Arap Baiywo, had been sued by the respondent Bodi Bach, for damages, because the appellant had first sold to…
…The form of the application appears to follow order IXA rule 5 of the Civil Procedure Rules, whereby interlocutory judgment was prayed for, pending the matter being set down for the assessment of damages.…
Division and case type: CivilCivil Appeal
…Nduhiu asked the High Court for orders that Mwotia should vacate Ruguru Kiamariga 328 in Ruguru location, Nyeri, pay him general damages for fifteen years unlawful occupation of it and the costs of the suit.…
…This led to Nduhiu suffering loss and damages. No particulars were supplied.…
Division and case type: CivilCivil Appeal
…In his original plaint the respondent had asked for the refund of his money and damages as alternative to specific performance.…
…The respondent mistakenly amended the prayers in the plaint for refund and damages but he can claim whatever money he had paid as provided by section 7 of the Land Control Act (cap 302).…
Division and case type: CivilMiscellaneous Application
…It is the suit filed by Shem Nyambasi Mulefu and Elija Nandi Chikamai against the applicant for injunction, eviction and general damages.…
…Although the respondents got themselves registered as proprietors of the applicant’s parcel of land and got certificate of title, the suit filed for injunction as to trespass, possession and damages relates to a different…
Division and case type: CivilCivil Suit
…It is the suit filed by Shem Nyambasi Mulefu and Elija Nandi Chikamai against the applicant for injunction, eviction and general damages.…
…Although the respondents got themselves registered as proprietors of the applicant’s parcel of land and got certificate of title, the suit filed for injunction as to trespass, possession and damages relates to a different…
Division and case type: CivilCivil Appeal
…And so, the respondent sued the appellant seeking general and special damages for the loss of the use of his pick up. The plaint was filed on 12th April, 1990.…
…Having thus as it were, justified what he intended to do, the learned judge in a long winded and verbose judgment concluded by awarding the respondent general damages in the sum of 2,000,000/-, a sum far in excess of the…
Division and case type: CivilCivil Appeal
…Shakeel Ahmed, unequivocally repudiated the agreement in their letter of June 19, 1987, it is hardly surprising that Mayfair Holdings sued for specic performance of the agreement, an order for transfer of the property and damages…
…Whether the appellant’s legal advisers should have included a claim against Shakeel personally for damages is only a matter for incidental comment here. 28.…
Division and case type: CivilCivil Appeal
…It follows that once an employee has been dismissed, whether rightly or wrongly, the dismissal stands, and if the contract has been broken by the employer, damages for breach of contract is the remedy to which the employee…