Case law
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Division and case type: CivilCivil Appeal
…- 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…
Division and case type: CivilCivil Appeal
…He awarded the appellant general damages in the sum of Kshs 250,000/- for the injuries she sustained as a result of the accident. He also awarded special damages in the sum of Kshs 60,750/- and 9,604,600 Italian Lira.…
…The appeal is therefore on quantum of general damages and date of conversion of the Italian Lira in respect of the special damages awarded by the superior court in foreign currency.…
Division and case type: CivilCivil Appeal
…Mr Justice Bhandari gave judgment and made these awards in the High Court at Mombasa on April 30, 1984: Kshs Net special damages 13,150 Loss of future earnings 63,000 General damages 250,000 Total 326,150 The appellant has…
…The only issue was the quantum of damages, special and general, the respondent should pay the appellant.…
Division and case type: CivilCivil Appeal
…Particulars of the respondent’s injuries and special damages are then given. Next comes this paragraph: “6.…
…Mr Aboo’s further submission was that the respondent’s cause of action was for damages for negligence or breach of duty (the duty existing by virtue of a contract) and the damages he claimed for the negligence and or breach…
Division and case type: CivilCivil Appeal
…Either interlocutory judgment has been entered and damages remain to be assessed, or there is an ex parte hearing of all the issues on liability and damages.…
…The appeal, concerns the assessment of general damages of Kshs 30,000; special damages of Kshs 1,010 not being disputed.…
Division and case type: CivilCivil Appeal
…Mr Justice Bhandari gave judgment and made these awards in the High Court at Mombasa on April 30, 1984: Kshs Net special damages 13,150 Loss of future earnings 63,000 General damages 250,000 Total 326,150 The appellant has…
…The only issue was the quantum of damages, special and general, the respondent should pay the appellant.…
Division and case type: CivilCivil Appeal
…The judge decided to proceed with the assessment of damages.…
…The judge did not accomplish the task he set out to do; he did not asses damages.…
Division and case type: CivilCivil Appeal
…Had the plaintiff succeeded he would have awarded Shs.30,000/- general, and Shs.1,000/- special, damages.…
…I would therefore dismiss the second ground of appeal and I would award the appellant Shs.30,000/- general, and Shs.1,000/- special, damages.…
Division and case type: CivilCivil Appeal
…The plaintiff’s claim is that he has suffered loss and damage and, therefore, he claims general and special damages.…
…The latter had brought a suit against his employer claiming general damages, and special damages of Kshs 1,516.05 for wrongful dismissal. The High Court dismissed this suit with costs.…
Division and case type: CivilCivil Appeal
…In the alternative the respondent claimed Shs 436,000/- by way of damages, that sum being the value of the motor vehicle.…
Division and case type: CivilCivil Appeal
…We have been informed that damages have been agreed. This will carry interest from the date of judgment to the date of payment in full at court rates. Platt JA. I agree with the conclusion reached by Gachuhi JA.…
…The particulars of negligence contained in the plaint were denied by the written statement of defence and the suit went onto trial on the issue of liability as the learned counsel agreed on quantum of damages.…
Division and case type: CivilCivil Appeal
…The plaintiff EA Drapers Limited had sued Combined Warehouses Limited as first defendant for damages.…
…That sum was claimed as damages.…
Division and case type: CivilCivil Appeal
…Subsequently, the plaintis issued a writ in rem claiming, inter alia, damages for breach of the agreement and one of the defendant ships were arrested.…