Search court decisions

…Some suggestion has been canvassed on the issue of contributory negligence on the part of the driver of motor vehicle Reg No KNN 997.…

…I find no evidence, given the circumstances of this accident, to attribute any degree of contributory negligence upon the driver of the lorry in which the plaintiff was a passenger.…

…The total award of Shs 168,770/= is then reduced to Shs 135,016/= on account of the plaintiff 20% contributory negligence.…

…I have to direct myself as to possible contributory negligence on the part of the plaintiff.…

…So I discount any possible contributory negligence on the part of the plaintiff. Whose employee was the plaintiff on the fateful date?…

…If so, the defendant could have joined the rider as a party to claim contributory negligence and indemnity. However, he has not done so.…

…And any driver whofails to take reasonable care for his own safety will be foundguilty of contributory negligence. The standard of care demandedis that of an ordinary reasonable man.…

…In view of the plaintiffs contributory negligence which I assessed at 20%, the net sum to which the plaintiff is entitled under various heads works out as follows: Gross Net (a) Pain and suffering loss of amenities 350,000…

…Consequently, in both case, no contributory negligence can legitimately be attributed to them. Is it unfair, unjust and unreasonable to fix the defendant with a duty of care in the circumstances of this case?…