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…General damages for pain suffering and loss of amenities assessed at Kshs 150,000/-.…

…The court awarded Kshs 180,000/- as general damages, cost of future treatment KShs. 28,000/- and special damages of Kshs 650/- total Kshs 208,650/-.…

…The appellant appealed against the award of damages based on the memorandum of appeal dated 7th August 2018 on two grounds.…

…He submitted that in the event that the damages were awarded, this was a proper case for nominal damages. 5.…

…I agree with the defence submission that no special damages were pleaded in the plaint and as such no such special damages can be awarded.…

…He must therefore have suffered substantial damages for which he should be adequately compensated.…

…As regards damages, in the event of the court allowing the appeal he submitted that they should not even come to Kshs 10,00.…

…I return to the aspect of the quantum of damages.…

…General damages were assessed at Kshs 300,000.00.…

…The court assessed general damages as Kshs 250,000/-.…

…and Kshs 73,000/- as general damages plus costs of the suit and interest.…

…He also argued that the damages awarded in the case were exorbitant.…

…Restorative justice: to address the needs arising from the criminal conduct such as loss and damages. v. Community protection: to protect the community by incapacitating the oender. vi.…

…Counsel further submitted that the Petitioner had admitted that it is not in possession of the suit properties, thus there is no irreparable harm to be suered that cannot be compensated by way of damages (Christopher Chepkiyeng…

…Kogo Vs Frank Kimeli Tenai (2018) eKLR provides an explanation for what is meant by irreparable injury and it states that: “Irreparable injury means that the injury must be one that cannot be adequately compensated for in damages…