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…PLAINTIFF VERSUS INTERNATIONAL AGRICULTURE ENTERPRISES LTD & ETCO (MSA)LIMITED…………………………………… DEFENDANTS RULING The action herein was for damages based on demurrage of a motor vessel “Penny S”.…

…The damages were liquidated at Kshs132,508/=. Pleadings closed normally and directions on a summons were given. By May, 1983 the suit was ready for trial.…

…applicant must show they have a prima facie case with a probability of success; the applicant, must demonstrate that he/she might suffer irreparable injury if the injunction is not issued which cannot be compensated by damages…

…The subject matter of the suit being land, I find and hold that damages may not be an adequate remedy to the plaintiff. 15.…

…KENYA PORTS AUTHORITY.............................DEFENDANT RULING The plaintiff herein alleged in his plaint that he was so unlawfully dismissed from his employment with the defendant that he should be awarded compensatory damages…

…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…

…The plaintiff therefore claims general damages plus special damages in the sum of Kshs 51,527 being medical expenses, transport charges, rent of shop, salary to staff and loss of profit.…

…The court therefore now proceeds to assess general and special damages. First the special damages.…

…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.…

…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/-.…

…At the time of the assessment of the damages it was proved that although the fractures had united he complained of pain on the right side and had problems in lifting weights.…

…He was awarded Shs 30,000/= as general damages for pain, suffering and loss of amenities.…

…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.…

…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.…

…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.…

…Higher damages will be awarded if the pain and suering is prolonged before death.…

…The Dependants retort that funeral expenses are special damages which must be specically proved. 58.…

…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/-.…

…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.…

…The plaintiff therefore claims general damages plus special damages in the sum of Kshs 51,527 being medical expenses, transport charges, rent of shop, salary to staff and loss of profit.…

…The court therefore now proceeds to assess general and special damages. First the special damages.…

…In total she claimed shs.40,100/= special damages.…

…On special damages I find shs.22,900/= supported by exhibits. The balance 17,200/= is also said to be funeral expenses receipts of which were not produced but said to have been lost at the funeral.…

…Special damages were also agreed at Shs.1,150/-. What general damages should I award to the Plaintiff? To answer that question I must first consider the injuries the Plaintiff sustained during the accident.…

…Justice Wambilyangah awarded Otieno shs.125,000/- as general damages and this was on the 4th March, 1992, that is some three months ago.…

…The defendants have accepted their full liability for the negligence which resulted in the collision and so this case comes to me solely for assessment of damages to be paid to the plaintiff as compensation for the injuries…

…In their submissions both counsel have referred me to various cases as guide for damages. But there can be no denying that each case must be decided on its particular and peculiar facts.…

…It should however be noted that the claim for damages was not before the Tribunal.…

…That was an item of special damages which was supposed to but was not specifically pleaded. It cannot be treated as part of general damages in light of the fact that it is specific.…