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…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…

…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/-.…

…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.…

…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.…

…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.…

…Nduhiu asked the High Court for orders that Mwotia should vacate Ruguru Kiamariga 328 in Ruguru location, Nyeri, pay him general damages for fifteen years unlawful occupation of it and the costs of the suit.…

…This led to Nduhiu suffering loss and damages. No particulars were supplied.…

…In his original plaint the respondent had asked for the refund of his money and damages as alternative to specific performance.…

…The respondent mistakenly amended the prayers in the plaint for refund and damages but he can claim whatever money he had paid as provided by section 7 of the Land Control Act (cap 302).…

…And so, the respondent sued the appellant seeking general and special damages for the loss of the use of his pick up. The plaint was filed on 12th April, 1990.…

…Having thus as it were, justified what he intended to do, the learned judge in a long winded and verbose judgment concluded by awarding the respondent general damages in the sum of 2,000,000/-, a sum far in excess of the…

…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…

…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…

…He also prayed for damages for loss of use of the car from 23rd February, 1994 and costs of the suit plus interest.…

…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.…

…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.…