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…Admittedly the defendants were under a Statutory duty to approve or disapprove of these plans. Does a refusal to act whether malicious or not gives rise to a claim in damages?…

…As I understand this decision there is an action for damages for breach of Statutory duty causing injuries to a person for whose benefit the Statutory duty has been imposed.…

…The Appellant’s second issue was whether the respondent discharged their statutory duty of care under the Energy Act.…

…The Appellant submitted that the Respondents, particularly KPLC, failed to discharge their statutory duty of care under the Energy Act, 2019.…

…That Learned Magistrate erred; 1) In law and fact by finding that the appellant breached its statutory duty of ensuring the respondent worked in a safe environment and finding the appellant 100% liable for the accident in…

…duty set out in the plaint. 7) In law and fact in failing to apply proper legal principal regarding liability and quantum thus arriving at a bad decision. 2.…

…The respondent further submitted that the statutory duty under Section 52 of the Energy Act does not create absolute liability and that the deceased was reckless. 12.…

…The respondent is the national distributor of electrical energy and is charged with the statutory duty of maintaining its transmission and distribution. 27.…

…Whether or not the Appellant breached its statutory duty towards the Respondent; b. Whether or not the Learned Trial Magistrate erred admitting documents marked ‘without prejudice’; and c.…

…Whether or not the Appellant breached its statutory duty towards the Respondent; 6.…

…I believe it would embarrass me, and Janet Mulwa J too, were I to come to the conclusion that the appellant was not liable at all, by way of negligence or breach of statutory duty of care, for what befell the respondent.…

…The Respondent argued that the Appellant owed him both contractual and statutory duties of care under the check-off system.…

…The Respondent asserted that the Appellant owed both contractual and statutory duties to ensure booking of the loan, issuance of a deduction order, communication with the Respondent’s employer and monitoring of deductions…

…I believe it would embarrass me, and Janet Mulwa J too, were I to come to the conclusion that the appellant was not liable at all, by way of negligence or breach of statutory duty of care, for what befell the respondent.…

…court of law against a Defendant who was not a party to the suit, pursuant to a policy of insurance issued by the Defendant as the insurer of the party against whom the judgement was entered and decree issued, courtesy of a statutory…

…duty that may have existed (if proved), placed upon the insurer under Section 10(1) of Cap 405. 16.…

…So, when the insured informs the insurer of the judgment and what it contains to be paid, the insurer has a statutory duty to pay the judgement holders.…

…The Learned Magistrate was therefore correct in finding that the Appellant had been properly notified and was under a statutory duty to satisfy the decree arising from the primary suit. 26.…

…The Respondent urged that the Appellant was pursuant to Section 4(b) and 10(1) of the Act under a statutory duty to satisfy the judgement and subsequent decree issued against the Respondent in the primary suit. 22.…

…Whether the Appellant was under a statutory duty and/or obligation under Section 10 of the Act to satisfy the decree issued in the primary suit, having reached a settlement on a claim lodged by Juliana Wayua Mutisya on the…

…The obligation of an insurer to satisfy or settle decrees passed against its insured is therefore a statutory duty which emanates from the said Section 10(1) aforesaid. 19.…

…To therefore purport to relax the application of Sections 10 (2) (c) (iii), to save the Appellant from its statutory duty, which it failed to discharge, would be tantamount to stripping the 2nd Respondent (decree-holder)…

…The Respondent denied negligence, breach of statutory duty and liability for the accident.…

…The Learned Magistrate erred in law and in fact by holding that the Appellant failed to prove negligence and/or breach of statutory duty against the Respondent, whereas there was sufficient and credible evidence showing that…

…Thus, the appellant supplied particulars of negligence and/or breach of statutory duty at paragraph 4 of the Plaint dated 3rd October 2022.…

…Laws of England Vol. 97 (2010) 5th Edition at page 80 to buttress its submission that the appellant was the author of her own misfortune and therefore cannot recover damages for her injuries even in the event of breach of statutory…

…Thus, the appellant supplied particulars of negligence and/or breach of statutory duty at paragraph 4 of the Plaint dated 3rd October 2022.…

…Laws of England Vol. 97 (2010) 5th Edition at page 80 to buttress its submission that the appellant was the author of her own misfortune and therefore cannot recover damages for her injuries even in the event of breach of statutory…

…In those circumstances, it is impossible for this Court to perform its statutory duty as a first appellate court of reconsidering the evidence, evaluating the findings of the trial court and determining whether the impugned…

…It denied the particulars of negligence and breach of statutory duty of care and maintained that it had put in place very strict measures to ensure and indeed guarantee the quality of its products. 6.…

…He blamed the Defendant for the injuries on account of its negligence and/ or breach of the statutory duty and/or breach of the employment contract.…

…It is trite that the mere occurrence of an accident does not, ipso facto, amount to proof of negligence on breach of statutory duty.…

…The burden of proving negligence and/or breach of statutory duty rests upon the appellant.…