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…The question of res IPSaLoquitus also arose in the case of Msuri Muhiddin v Nazzar Bin Saif (1960) E A 201 and there the question of what the defendant should do in order to avoid liability on a presumption of negligence…

…Sir Alistain Forbes V. – as he then was – said at page 207:- “In light of the dicta set out I accept (counsel for the respondents) proposition that the respondents can avoid liability if they can show either that there was…