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…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%.…

…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.…

…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…

…What the defendants really are disputing is the claim for general damages and exemplary damages.…

…The plaintiff in her pleading prayed for general damages. It is in the course of the hearing that the question of exemplary damages arose.…

…The plaintiff is therefore entitled to damages. There is no rule of thumb covering the assessment of damages in cases of this nature.…

…So that the defendant’s action entitled the plaintiff to damages. What is the measure of damages?…

…The first claim amounts to a sum of over 12 Million shillings damages.…

…The damages alleged is not physical injuries to a person or property, it is “economic loss” only.…

…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/-.…

…So both claim damages. Although the defendants were served, neither entered appearance.…

…Accordingly, on October 17, 1984, the Registrar, sitting in chambers, entered judgment against them for the special damages claimed and also gave interlocutory judgments for damages.…

…The first claim amounts to a sum of over 12 Million shillings damages.…

…The damages alleged is not physical injuries to a person or property, it is “economic loss” only.…

…The plaintiff has proved that his dismissal was unlawful and he is therefore entitled to damages. Counsel for the plaintiff has put out a formula upon which he wants the damages due to the plaintiff assessed.…

…I am of the view that the damages he is entitled to as claimed is the two months salary in lieu of notice which amounts to 2,581.95 shillings special damages plus a sum of 3572/85 worked out on a salary of three months when…

…General damages for pain suffering and loss of amenities were assessed to Kshs. 320,000/- on 15th November, 1994.…

…pain and loss of amenities at Kshs.500,000 proved special damages amount to Kshs. 3,000/-.…

…I award for the head of damages of pain, Suffering and Loss of Amenities at Kshs.100,000/-. Special Damages I would agree that only Ksh.6,800/- was proved.…

…I award in summary General Damages i) Pain, Suffering & Loss of Amenities Ksh.100,000/- ii) Loss of dependency Ksh.140,000 (apportioned as above) iii) Special Damages Ksh. 6,800/- Total Ksh.246,800/- 85% of 246,800 Ksh.204,000…

…Consequently there can be no separate award of damages to the plaintiff under paragraph 7, 8 and 9, and no award of general damages for defamation.…

…The result is that the plaintiff is entitled to general damages only for wrongful arrest, false imprisonment and malicious prosecution. For wrongful arrest I award the plaintiff damages of Kshs 1,000.…

…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.…

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

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

…The foregoing facts and a careful perusal of the pleadings reveals that the only outstanding issue is damages.…

…It may be argued that the question of damages is still outstanding. The damages sought here are for trespass. The Court has already decreed that the defendant is a trespasser.…

…An award for damages for pain and suffering before death istherefore unmerited.…

…Special damages in the sum of Kshs.51,618/- are well proved.…