Case law
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Division and case type: CivilCivil Suit
…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.…
Division and case type: CivilCivil Suit
…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.…
Division and case type: CivilCivil Suit
…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.…
Division and case type: CivilCivil Suit
…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…
Division and case type: CivilCivil Suit
…Both defendants denied negligence but the second defendant also pleaded the Limitation of Actions Act (cap 22).…
…There was not in all her evidence anything to suggest, much less prove, negligence on the part of the bus driver and I must dismiss her claim against the first defendant with costs.…
Division and case type: CivilCivil Suit
…Issue No.3: Was the break-in and theft caused due to breachof agreement and/or negligence on the part of the Defendant'ssecurity guards as alleged in paragraph 5 of the Plaint?…
…The issue of negligence ought to be proved and established.This was not. "This case has been very poorly made out."…
Division and case type: CivilCivil Suit
…On 4th April, 1984, due inter alia, to negligence in the performance of his work. The background facts are brief and straightforward.…
Division and case type: CivilCivil Suit
…The doctrine that if the plaintiff's act was the proximate cause of the damage the plaintiff can not recover is well established.Would this accident have not occured but for the negligence of the plaintiff?…