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…Two matters must be established before the tort of malicious prosecution can be sustained.…

…In the above circumstances I am not satisfied that the tort of malicious prosecution has been proved.…

…On January 8, 1976, fourteen days before the expiration of the statutory period within which to bring an action for tort, a plaint was filed on her behalf claiming damages from the owner of the bus and also from J H Minet…

…As more than three years had lapsed since the accident she was entitled to avail of section 4 (2) of the Limitation of Actions Act (cap 22): “An action founded on tort may not be brought after the end of three years from…

…This tort is a violation of the right of possession and M'Mbijiwe must prove he, and not M'Mukanya and Nyamu, had the right to immediate and exclusive possession ok it which is different from ownership.…

…Salmond on the Law of Torts, 1977, 17th edition, 47. The later division of it into 4 or 5 smaller ones and the allocation of the smaller 58 to M’Mukanya and Nyamu was irregular and of no effect.…

…purported to deny that the defendant was criminally responsible for the plaintiff being maimed, but I take it that such denial is intended to and does not include any civil liability,” an assault being a crime as well as a tort…

…If it is unintentional it may yet be negligent (as distinct from the tort of negligence) or it may be pure accident or misadventure.…

…There can be no doubt that a wrongful taking of another person’s goods constitutes the tort of conversion.…

…Onyinkwa has submitted that negligence, in the sense that the instigator or the broker failed to check up and take ordinary precautions to ensure that the item attached was that of the debtor of loanee is sufficient for the tort…

…There are thousands of precedents that have dened the requirements for the tort of negligence.…

…Furthermore, Section 100 of the Energy Act, 2019 recognizes that licensees can be liable under tort or contract. 17.…

…Section 4(2) of the Act provides: “An action founded on tort may not be brought after the end of three years from the date on which the cause of action accrued.” This is the limitation provision.…

…There is an exception to this section in section 27 which provides: Section 27 (1)Section 4(2) does not afford a defence to an action founded on tort where:- a)the action is for damages for negligence, nuisance or breach…

…This is provided for under section 3 (1) of the Public Authorities Limitation Act (chapter 39) which states: “3 (1) No proceedings founded on tort shall be brought against the Government or a local authority after the end…

…The appellant being the next friend of the deceased boy should have brought action in tort within twelve months and three years respectively for negligence on the part of the owners of the school jointly with their contractor…

…Sub-section (1) and (2) of Section 27 of the Act provide, 27. (1) Section 4(2) does not afford a defence to an action founded on tort where: (a) the action is for damages for negligence, nuisance or breach of duty (whether…

…The appellant’s action founded on tort had therefore to be brought after the end of three years from the time the appellant could sue the Respondents i.e from 2nd January 1977.…

…Furthermore a third party who makes claims against a tort-feasor is not a member of "the insuring public".…

…I find Lord Scarman’s words, in Rose v Plenty [1976] 1 WLR 141 at page 147, quite persuasive as to the basis on which an employer is held liable for his employee’s tort.…

…That decision is in line with an extract from Salmond on Torts, 13th edition at page 133 which reads: “The master is exempt only when the servant was exclusively on his own business.”…

…on grounds that there was lack of good faith that the proposed amendments were useless; that omission to quantify earlier was not curable; that limitation had set in. that is, no amendment to include special damages for tort…

…So the issue of general damages for the tort of inducing a breach of the contract does not fall to be decided any more.…

…With respect, the issue of liability is in respect of tort. The agreement between the parties as regards liability, decided the question of who was to blame and to what extent, for the accident.…

…administration of penal justice and the principle that a party blameable in part for any damage or injury he sustained, should receive diminished compensation, underlies the learning relating to contributory negligence in the law of tort…

…The award of shs.60,000/- for loss of user was quite plainly erroneous as there was no provision in the policy for this kind of loss and secondly, because the appellant was not the tort-feasor or the employer of the person…

…Lord Tenterden, C.J. explained in words which are well-known that: “It is immaterial in such a case whether the action in form be in tort or in assumpsit.…

…47A of the Evidence Act (cap 80)), and that this theft occurred in the course of his employment, and therefore the second defendant would be vicariously liable, as we suppose, under the general principles of the law of Tort…

…filed, leave had been obtained, presumably under Section 28 of the Limitation of Actions Act, cap 22 Laws of Kenya, to institute or proceed with the suit nothwithstanding that the time limited for bringing an action in tort…

…I think it is the sort of compensation that in another branch of the law of tort would be called a Benham v Gambling award.…