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…In Henderson v Henry E Jenkins & Sons [1970] AC 282 at 301 Lord Pearson at letter D stated: “In an action for negligence the plaintiff must allege, and has the burden of proving, that the accident was caused by negligence…

…What sort of negligence could there be in overtaking? There is no evidence to support contributory negligence either.…

…In it he denied that he was guilty of negligence as alleged.…

…the appeal, that contributory negligence had to be specifically pleaded by way of defence to a plaintiff’s claim of negligence; that, since there had been no such plea, the judge had erred in law in finding that the plaintiff…

…The defendants No.2 filed defence and stated that the negligence was attributed to the plaintiff.…

…I believe that the accident was not occasioned by the negligence of the defendants driver and or servants.…

…No defence was filed to refute the particulars of negligence alleged. The evidence adduced in the formal proof proceedings was solely that of the plaintiff.…

…No evidence was adduced on these 2 aspects of the particulars of negligence alleged in the plaint.…

…He then sets out particulars of negligence, injuries and of special damages.…

…The respondent filed a defence in which she denied that the accident was caused by any act of negligence on her part and in paragraph 4 she stated: “(4) The defendant states that the accident occurred solely as a result of…

…According to the plaintiff, the accident was not caused by the negligence of the driver. The accident was caused by the negligence and/or breach of duty by the defendant the employer.…

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

…The particulars of negligence as pleaded are: (a)Driving at an excessive speed in the circumstances. (b)Failing to keep any or any proper look out.…

…the respondent called no evidence as regards the actual manner of driving of the appellant's vehicle but relied on the fact of the said conviction as proof of negligence.…

…These follow the usual, stereotyped, particulars of negligence which can be obtained from any book on pleadings and civil procedure.…

…He is entitled, and indeed bound, if he is not to be guilty of any contributory negligence, to take reasonable precautions to avoid injury to himself. In Jones v Boyce [1816] 171 ER VOL.…

…There the issues arose as to whether there was any contributory negligence by the plaintiff.…

…The plaint contained allegations of negligence against a fellow-worker whose name was given as Peter Nyamai. Particulars of the alleged negligence were given.…

…The appellant received a sum of Shs 38,000 and so a claim on negligence was within his knowledge; the appellant knew he had been injured and that his employer should have supplied facilities for safety.…

…were attributable to that negligence, nuisance or breach of duty, or the extent to which any of those personal injuries were so attributable. (2) For the purpose of sections 27, 28 and 29 of this Act, any of the material…

…Thus, a master is not liable for negligence committed outside the scope of his employment.…

…That disobedience did not absolve the employer from liability, for the employee’s negligence.…

…It was contended that it was outside his knowledge that his injuries were attributable to the other driver’s negligence, and that he did not know the statutory period of limitation.…

…the personal injury so resulting; and (c) the fact that the personal injuries were attributable to the negligence, nuisance or breach of duty or the extent to which they were so attributable.…

…Mr Aboo’s further submission was that the respondent’s cause of action was for damages for negligence or breach of duty (the duty existing by virtue of a contract) and the damages he claimed for the negligence and or breach…

…or any such provision) where the damages by the plaintiff for the negligence, nuisance or breach of duty consist of or include damages in respect of personal injuries to any person.…

…part of the Defendant, or, if he relies on negligence, he must state the facts, which he alleges, constitute negligence.…

…As it stands, it neither alleges negligence in terms nor alleges facts which, if true, would of themselves constitute negligence; nor, if counsel for the plaintiff is right, would be bound at any time before the trial to…

…He expressly found that the respondent was not guilty of any contributory negligence.…

…He thus answered in specle the only allegation of negligence which were really particular to this case, as opposed to the generalities to which I have just referred.…

…Strangely enough, counsel for the respondent submitted that there was no negligence on the part of the Club.…

…The defendant’s failure to supply a helmet after evidence of the previous incident of attack is an act of continued negligence.…

…On account of this, he held him liable in negligence.…

…In holding the appellant liable in negligence, the learned judge did not, in the circumstances of this accident, even consider what course of action he (appellant) would have taken to ascertain that it did not occur.…

…The accident was therefore attributed to negligence on the part of the defendant’s driver.…

…A defence was delivered on behalf on the defendant admitting the occurrence of the accident and the death of the deceased but alleging that the said accident was caused by negligence on the part of the deceased.…

…He said that although the delay was caused by an oversight on the part of the managing director of the appellant, this was not synonymous with deliberate negligence on his part.…

…That this act amounted to negligence on his part to warrant the dismissal of the application to set aside ex-parte judgment.…