Case law
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Division and case type: Environment and LandLand Case
…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.…
Division and case type: CivilCivil Case
…Higher damages will be awarded if the pain and suering is prolonged before death.…
…The Dependants retort that funeral expenses are special damages which must be specically proved. 58.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Case
…MUSILU & ANOTHER HCCC 1202/90 In these cases damages ranged between Shs.250,000/= to Shs. 400,000/=.…
…There was damage for loss of income from the date of the accident to the date of trial.This court thought that such award would be by way of special damages. It could be specificallypleaded and proved.…
Division and case type: CivilCivil Case
…I agree that award of damages must be fair, bearing in mind the previous decisions.…
…I enter judgment for the plaintiff for Kshs 2000,000 for general damages.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…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).…
Division and case type: CriminalCriminal Appeal
…The damages to the complainants vehicle are all on the right hand side which shows that the appellant’s story was more acceptable. The complainant is said to have paid Kshs 1,000.00 to the appellant as compensation.…
Division and case type: CivilCivil Appeal
…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…
Division and case type: CriminalCriminal Appeal
…S. 339(1) Penal Code under which the appellant was charged reads in pertinent parts: “Any person who willfully and unlawfully destroys or damages any property is guilty of an offence.…
Division and case type: CriminalCriminal Case
…What this court can properly do, however, is to take proceedings under section 72 (6) of the Constitution and award damages to an offended party.…