Search court decisions

…The defendants admitted liability and hence the only issue before the court is quantum of general damages since special damages have also been agreed at Kshs 8,650.…

…I agree with Mr Mwaura for the plaintiff and Mr Muchui for the defendants that damages in this case should be under the following heads: (1) General damages for pain, suffering and loss of amenities of life. (2) General damages…

…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…

…General damages for pain suffering and loss of amenities were assessed at kshs. 440,000/- on 26th April, 1993. The second is HCCCNO. 528 of 1991 MOMBASA SEVILE MWANYALO MZEE -vABEID MOHAMED KHARIER & ANOTHER.…

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

…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.…

…Turning now on ground two (2) of appeal, Mr Kasmani attacked the award of general damages (Kshs 250,000/-) as low and therefore erroneous.…

…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. A medical report by Mr.…

…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 first case is that of Saidi Abdalla v Ocean Freight Co Ltd & another HCCC No 309 of 1984 (Msa) is one where an award of Shs 55,000/= as general damages were awarded to a 39 year old labourer who had suffered a partial…

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

…The plaintiffs are asking for Judgment against the defendant for:- (a) shs. 27,200 (b) General Damages (c) Costs of this suit (d) Such further or alternative relief as this Honourable Court may deem fit to grant.…

…There is no basis for general damages since the agreement was not enforceable for want of consent of the relevant Land Control Board.…

…NO. 114 OF 1992) ************************** JUDGEMENT OF THE COURT This is a second appeal from the decision of the Resident Magistrate’s Court in Nairobi by which the respondent was awarded Shs.85,000/- as general damages…

…General damages are not recoverable. In the result, this appeal is allowed, the judgment and decree of the Resident Magistrate is set aside and substitute therefor an order dismissing the respondent’s claim with costs.…

…In Waiyunka v Bamburi Portland Cement Co Ltd, Mombasa HCCC 230/80 Muli, J awarded Kshs 12,000 general damages in 1980 for a fractured clavicle as a result of which the plaintiff was unable to follow his employment, unlike…

…Doing the best I can, and taking into account inflation, I make a global award of general damages in the sum of Kshs 15,000 in respect of pain, discomfort, loss of amenities, to include a nominal figure in respect of loss…

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

…With regard to general damages for pain, suffering and loss of amenities the plaintiff had to spend over a week in the hospital.…

…He also assessed the general damages at Kshs 786,600. Add these two sums and the result is Kshs 833,512.…

…The loss of promotion prospects the judge said must form part of the general award for damages.…

…damages for mental anguish and apprehension of possible arrest for being illegally in Kenya or working without a work permit.…

…He also made submissions for an award of general damages for mental anguish and apprehension of possible arrest.…

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

…With regard to general damages for pain, suffering and loss of amenities the plaintiff had to spend over a week in the hospital.…

…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, not only was any special damages alleged not proved, nor has any general damages been proved beyond the cost of repairs which the tenant has met.…

…PLAINTIFF VERSUS APOLLO BWONYA ORODHO RINAH ORODHO BWONYA EDWARD CHARLES OHARE ………………DEFENDANTS JUDGMENT This is a suit for equitable remedies of injunction and declaration, and, also, for general damages based on an act…

…It cannot be treated as part of general damages in light of the fact that it is specific. The plaintiff did not in any case indicate in her evidence, nor did her son, the amount they spent in that regard.…

…He also awarded general damages in the sum of shs 3,000. It is the above findings that have prompted this appeal.…

…(4) Was there any basis for the trial courts’ award of general 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.…

…, general and exemplary.…

…Taking all the circumstance into account, I consider Kshs 40,000/= as reasonable compensation by way of general damages. Then there is the question of exemplary damages. These are damages awarded punitively.…

…Court awarded shs 170,000/- general damages in November 1988 (2 years ago).…

…I would assess general damages at shs 180,000/- less shs 4,500/- already paid making the award at shs 175,500/-.…