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
…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: CivilCivil Case
…He is therefore entitled to damages from the defendants.…
…I have not been able to come across recent authorities regarding the quantum of damages to be awarded in a case of this nature.…
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 Case
…Daniel, the plaintiff seeks to recover both general and special damages from James Matunda Saisi and M/S Kenya Breweries Ltd, the defendants, for a damage to her motor vehicle and for a loss of its use while it was undergoing…
…The 2nd defendant is therefore both liable and vicarious liable to the plaintiff in damages arising from the damage to her motor vehicle.…
Division and case type: CivilCivil Case
…The application by the defendants arise in this way: On the 9th December, 1985 the respondent Harun Miruka (the plaintiff) instituted the suit against the defendants claiming general damages arising out of a traffic accident…
…The application by the plaintiff for an interlocutory judgment must have been made under order 9A rule 6 of the Civil Procedure Rules which allows for the entry of an interlocutory judgment with a subsequent assessment of damages…
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: FamilySuccession Cause
…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 suered 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…
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
…He also prayed for damages for loss of use of the car from 23rd February, 1994 and costs of the suit plus interest.…
Division and case type: CivilCivil Appeal
…Her judgment was against the defendants jointly and severally in the sum of Shs 67,802/- as claimed together with Shs 9,477/- as general damages plus interest and costs.…
…The amount of general damages in the sum of Shs 9,477/- as was done by the learned Senior Resident Magistrate being the discount they would have earned had they paid the plaintiff within time, is proper and quite reasonable…
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…
Division and case type: CivilCivil Case
…the seven girls resume classes and continue with their education at the Consolata Secondary School, Meru; an injunction restraining the defendants from interfering with the plaintiffs’ rights to attend the school; various damages…
…And the Court must extract some undertaking as to damages, from the applicant, as the price he must pay before a temporary injunction is granted.…
Division and case type: CivilCivil Case
…Civil Appeal No. 65 of 1982 un-reported); that it is usual in the case of contracts for sale of immovable property for the court to hold that damages is not an adequate remedy and to order specific performance.…