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…All she appears to say is that even if the explanation were true it would only show negligence on the part of counsel and that the applicant has remedy against counsel for such negligence I do not think that is a proper basis…

…He then sets out particulars of negligence, injuries and of special damages.…

…The respondent filed a defence in which she denied that the accident was caused by any act of negligence on her part and in paragraph 4 she stated: “(4) The defendant states that the accident occurred solely as a result of…

…The particulars of negligence as pleaded are: (a)Driving at an excessive speed in the circumstances. (b)Failing to keep any or any proper look out.…

…the respondent called no evidence as regards the actual manner of driving of the appellant's vehicle but relied on the fact of the said conviction as proof of negligence.…

…Thus, a master is not liable for negligence committed outside the scope of his employment.…

…That disobedience did not absolve the employer from liability, for the employee’s negligence.…

…It was contended that it was outside his knowledge that his injuries were attributable to the other driver’s negligence, and that he did not know the statutory period of limitation.…

…the personal injury so resulting; and (c) the fact that the personal injuries were attributable to the negligence, nuisance or breach of duty or the extent to which they were so attributable.…

…On account of this, he held him liable in negligence.…

…In holding the appellant liable in negligence, the learned judge did not, in the circumstances of this accident, even consider what course of action he (appellant) would have taken to ascertain that it did not occur.…

…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…

…of duty (whether the duty exists by virtue of a contract or of a written law or independently of a contract or written law): and b)the damages claimed by the plaintiff for the negligence, nuisance or breach of duty consist…

…There is an allegation of negligence and collusion. The amount involved is collosal and the status quo should be maintained.…

…That sounded strange from a party accusing a bank of fraud and negligence. But it is of a piece with the amended plaint.…

…The appellant sued the respondent, Falcon Guards Limited, in the superior court claiming Shs.219,575.00 being a loss allegedly suffered by the appellant due to the respondent's employees' negligence in failing to prevent…

…But, due to rampant inefficiency, negligence, dishonesty, lack of diligence and general disregard for professional ethics on the part of the majority of the advocates in this country, the Rules are abhorred.…

…Subsequently the appellant lost that luggage by its negligence.…

…In the suit, which was filed sometime in 1988, over seven years after the accident, he alleged in the plaint that the accident occurred due to negligence on the part of the respondent's driver in the manner and speed at which…

…Njuguna conceded that the appellant had proved by evidence, that an accident occurred, but did not think that any evidence was adduced to establish negligence on the part of the driver.…

…On the pleadings, both appellants denied negligence and pleaded that; “the accident occurred due to the sole or substantial negligence of the first plaintiff (meaning the first respondent) in driving, managing or controlling…

…But when hearing of the suit opened before Cockar J on the 14th December 1982, both appellants reversed their position and admitted liability for negligence.…

…Fraser conceded that the dishonour of the four cheques was wrongful and was due to the negligence and carelessness of the bank.…

…There the bank had by its negligence in the discharge of its duties caused the bankruptcy of the customer. The damage to the appellant was wide because four cheques were negligently and wrongly marked “Account closed’.…

…The issue of negligence was, by consent of the parties, agreed. The liability of the appellant was agreed at 65%, that of the deceased being 35%.…

…On the pleadings, both appellants denied negligence.…

…However, when trial opened before the High Court, the appellants admitted negligence and the learned judge was not troubled with any evidence or argument on that issue.…

…accepted in the 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…

…The respondent could have been compensated by costs for the delay occasioned by his advocate’s dilatoriness and the appellant should not have been denied a hearing because of his advocate’s mistake even if it amounted to negligence…

…It is unfortunate that advocates’ sins and omissions are sometimes visited on their clients, who are left without the remedy they sought, but to sue the advocate for professional negligence but where a litigant shows that…

…There will be cases in which justice will be better served by allowing the consequences of the negligence of the lawyers to fall on their own heads rather than by allowing an amendment at a very late stage of proceedings.…

…The information given in the forms was untrue, we are satisfied of that, as was the learned trial magistrate, and we are not prepared to accept explanations that that happened by negligence, influence or accident as we have…