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…That the withholding and freezing of account is an action outside the trust deed but a breach of duty of care. Applicant’s submissions 9.…

…duty of care this court is vested with jurisdiction to entertain it. 20.…

…of care to the Plaintiff.…

…Regarding the Duty of Care, it was the Plaintiff’s contention that the Defendants, particularly the 1st, 2nd, and 3rd Defendants, owed the Plaintiff a statutory and common law duty of care based on the "neighbour principle…

…That the withholding and freezing of account is an action outside the trust deed but a breach of duty of care. Applicant’s submissions 9.…

…duty of care this court is vested with jurisdiction to entertain it. 20.…

…of care to, the Plaintiff.…

…of care as a bailee for reward. 24.…

…) Whether the Plaintiffs are entitled to the reliefs sought. 1) Whether the Defendant, as occupier of the Olkaria Geothermal Spa, owed a duty of care to the deceased on 29th September 2018. 12.…

…The question in this issue is whether the Defendant, as occupier, owed a duty of care to the deceased under the Occupiers Liability Act. 13.…

…of care will arise.…

…I now revert to the facts of the case to determine if there was a duty of care relationship as alleged, and, if so, whether the defendant breached the duty of care as alleged in paragraph 8 (a) – (d) of the plaint. Mr.…

…The plaintiff claims that the attack upon him took place because of the negligence of the defendant and alternatively be reason of the defendant’s failure to observe the duty of care required of it by the contractual relationship…

…The defendant has denied liability contending that it was neither negligent nor guilty of any breach of duty of care as alleged or at all.…

…According to the Applicant, such undervaluation gives rise to the statutory presumption of a breach of the chargee’s duty of care under Section 97(3) of the Land Act. 7.…

…of care. 20.…

…Particulars of negligence and breach of common law duty of care have been given by the defendant in paragraphs 5 & 6 of the plaint.…

…And by Lord Harschell in Smith vs Charles Baker & Sons [1891] AC 362: “It is quite clear that the contract between the employer and employed involves on the part of the former the duty of taking reasonable care to provide…

…Pursuant to Section 97 of the Land Act, a chargee has a duty of care towards a chargor to secure the best reasonable price at the time of selling the charged property. It provides: - 1.…

…A chargee who exercises a power to sell the charged land, including the exercise of the power to sell in pursuance of an order of a court, owes a duty of care to the chargor, any guarantor of the whole or any part of the…

…of care; (ii) whether the plaintiff's case founded on intra-arterial cannulation is open to her on the pleadings; (iii) whether the defendants, or any of them, breached the duty of care; (iv) whether the breach, if established…

…The duty of care 21. The existence of a duty of care presents no difficulty in this case.…

…Whether the 2nd Defendant breached his duty of care owed and acted negligently in his duties to the Plaintiff 28.…

…The plaintiff further submits that the 2nd defendant breached his duty of care owed to it and acted negligently by arbitrarily cancelling the entries in the green card for the suit property and issuing a title to the 1st…

…Further that the 1 st defendant is relying upon misleading valuations of the property for the intended sale which have grossly undervalued and greatly depreciated it thereby breaching the 1 st defendants’ statutory duty of…

…Under section 97 of the Land Act, a charge owes a duty of care to the chargor and any guarantor to obtain the best price reasonably obtainable at the time of sale.…

…It states that: “(1) A chargee who exercises a power to sell the charged land, including the exercise of the power to sell in pursuance of an order of a court, owes a duty of care to the chargor, any guarantor of the whole…

…She further alluded to valuation reports which grossly undervalued and drastically depreciated the value of the suit properties which contravenes the duty of care owed by the defendant under section 97(1) and (2) of the Land…

…Further, that the respondent owes the applicant a duty of care before the auction as enshrined in the Auctioneers Rules.…

…properties, Section 97(1) and (2) of the Land Act provide as follows: “(1) A chargee who exercises a power to sell the charged land, including the exercise of the power to sell in pursuance of an order of a court, owes a duty…

…Section 97 of the Land Act provides:- “(1) A chargee who exercises a power to sell the charged land, including the exercise of the power to sell in pursuance of an order of a court, owes a duty of care to the chargor, any…

…That if the respondents are left to proceed, they will have abdicated the duty of care owed to the plaintiff to get the best possible price for the property.…

…That failure of the Plaintiff to take care of his own safety constitutes a breach of the duty of care he owed to himself and other potential road users.…

…That failure of the Plaintiff to take care of his own safety constitutes a breach of the duty of care he owed himself and the other potential road users.…