Jessicar Clarise Wanjiru v Davinci Aesthetics & Reconstruction Centre & 2 others [2017] eKLR
41. On the quantum of damages, award of damages entails exercise of judicial discretion which should
be exercised judicially and that means that it must be exercised upon reason and principle and not upon
caprice or personal opinion.[20]
42. From the material presented in this case, the evident lack of clarity as to whether or not there was
consent and considering the swiftness with which the bill boards were removed I find that there is no
material before me to demonstrate that the petitioner suffered any loss.
43. Accordingly, I am compelled to conclude that the petitioner has not proved her case to the required
standard. Consequently, I dismiss this petition with no order as to costs.
Orders accordingly.
Signed, Dated, Delivered at Nairobi this 21st day of September 2017.
John M. Mativo
Judge
[1] Counsel cited the tests laid down in Karimi Njeru vs A.G {1979} KLR 54
[2] Charles Muturi Macharia vs Standard Group & 4 Others {2017}eKLR cited.
[3] Von Hannover v. Germany (no. 2), Grand Chamber judgment of 7 February 2012, § 96.
[4] Von Hannover v. Germany (no. 2), Grand Chamber judgment of 7 February 2012, § 103
[5] The Right to Privacy in Nigeria Review of Nigerian Law and Practice Vol. 1(1) 2007
[6] Neethling’s “The Law of Personality” (2ed) (2005) 36.
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