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…The Respondent submits that the trial court was correct in holding that the cause of action was founded in the tort of negligence, and that negligence must not only be alleged but pleaded and proved. 20.…

…negligence means that the Respondent’s version cannot be entirely disregarded. 24.…

…The burden was on the plaintiff, to prove that the respondents were liable in negligence. Did he prove negligence? No, he did not. He was not an eyewitness to the accident.…

…A plaintiff who obtains such a judgement, would not be required to adduce evidence to prove negligence. He would have no burden to prove negligence or liability.…

…THAT the Learned Magistrate and Adjudicator erred in law in failing to note that Claimant had failed to strictly prove the particulars of negligence pleaded in the Plaint contrary to the trite rule of evidence that negligence…

…On whether the Appellant is liable for contributory negligence. The law on contributory negligence is to apportion proximate cause and blameworthiness where appropriate. …

…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…

…One school of thought is that failure to particularise negligence is not mandatory, so long as the allegation of negligence has been made in the pleadings.…

…The learned judge held that particulars of negligence were not mandatory, so long as the allegation of negligence was made in the pleadings. I have examined the record of the case before the adjudicator.…

…The Respondent also attributed negligence on the part of the County Government of Nairobi.…

…The concept of negligence has been established for long under common law. There are thousands of precedents that have dened the requirements for the tort of negligence.…

…By a plaint dated 22/2/2023, the appellants sued the respondent for professional negligence and sought general damages for breach of contract and professional negligence, special damages of Kshs. 232,000, an order compelling…

…It was but negligence. 17.…

…Whether failure to plead particulars of negligence by the Respondent is a fatal to the Respodents claim. 19.…

…Looking at the statement of the claim, the claimant pleaded negligence.…

…been caused by the deceased, solely or partially, by his own negligence. 3.…

…But was there negligence? The appellant contends that there was no proof of negligence, as the 1st respondent did not witness the accident, and the police officer, who testified, did not investigate it. 12.…

…must rebut the inference of negligence. 22.…

…to provide an explanation consistent with absence of negligence. 23.…

…The trial court, in arriving at its decision, noted that the claim was founded on negligence and negligence had not been pleaded and proven.…

…Where a claim is founded on negligence the negligence has to be pleaded and proven and as such a claim of negligence short of this is fatally defective and untenable in law. 17.…

…At the outset the 2 nd Respondent denied the occurrence and particulars of negligence alleged.…

…It was condemned to pay the 1 st Respondent damages of Ksh. 500,000/= for professional negligence; and Kshs 100,000/= for exemplary damages for professional negligence. 9.…

…The appeal herein involves an issue of medical negligence. The test in cases of medical negligence is not that of any other ordinary person but that of a person in the same profession i.e a medic.…

…point, but must not condemn as negligence that which is only a misadventure.…

…The Appellant denied liability and contended that the accident was caused solely by the Respondent’s negligence.…

…Kenya Kazi Ltd [1988] KLR 275 where the Court of Appeal held that: - “In an action for negligence, the burden is always on the plaintiff to prove that the accident was caused by the negligence of the defendant.…

…The Respondent also attributed negligence on the part of the County Government of Nairobi.…

…The concept of negligence has been established for long under common law. There are thousands of precedents that have dened the requirements for the tort of negligence.…

…Whether the Appellant had established negligence and therefore liability against the Respondent. 14. The Appellant had pleaded negligence on the part of the Respondent and listed the particulars of negligence.…

…It was therefore the duty of the Appellant to avail evidence to prove the particulars of negligence as listed in the pleadings.…

…Ltd [2008] eKLR, the courts held that: ““In an action for negligence, the burden is always on the plaintiff to prove that the accident was caused by the negligence of the defendant.…

…This brings the court to the second critical issue: whether there is evidence of contributory negligence on the part of the Appellant.…

…proof of negligence.…

…However, that principle does not relieve a claimant from proving negligence against the defendant sued.…

…Negligence was attributed on the appellant. The claim was resisted by the appellant, who denied liability, and attributed negligence, solely on the deceased. 2. A trial was conducted. The respondent called 2 witnesses.…

…The obligation was to prove that alleged negligence, to unlock assessment and award of compensation.…