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…This tort is a violation of the right of possession and M'Mbijiwe must prove he, and not M'Mukanya and Nyamu, had the right to immediate and exclusive possession ok it which is different from ownership.…

…Salmond on the Law of Torts, 1977, 17th edition, 47. The later division of it into 4 or 5 smaller ones and the allocation of the smaller 58 to M’Mukanya and Nyamu was irregular and of no effect.…

…Section 4(2) of the Act provides: “An action founded on tort may not be brought after the end of three years from the date on which the cause of action accrued.” This is the limitation provision.…

…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…

…This is provided for under section 3 (1) of the Public Authorities Limitation Act (chapter 39) which states: “3 (1) No proceedings founded on tort shall be brought against the Government or a local authority after the end…

…The appellant being the next friend of the deceased boy should have brought action in tort within twelve months and three years respectively for negligence on the part of the owners of the school jointly with their contractor…

…I find Lord Scarman’s words, in Rose v Plenty [1976] 1 WLR 141 at page 147, quite persuasive as to the basis on which an employer is held liable for his employee’s tort.…

…That decision is in line with an extract from Salmond on Torts, 13th edition at page 133 which reads: “The master is exempt only when the servant was exclusively on his own business.”…

…Furthermore a third party who makes claims against a tort-feasor is not a member of "the insuring public".…

…With respect, the issue of liability is in respect of tort. The agreement between the parties as regards liability, decided the question of who was to blame and to what extent, for the accident.…

…on grounds that there was lack of good faith that the proposed amendments were useless; that omission to quantify earlier was not curable; that limitation had set in. that is, no amendment to include special damages for tort…

…So the issue of general damages for the tort of inducing a breach of the contract does not fall to be decided any more.…

…The award of shs.60,000/- for loss of user was quite plainly erroneous as there was no provision in the policy for this kind of loss and secondly, because the appellant was not the tort-feasor or the employer of the person…

…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 in the law of tort…

…Lord Tenterden, C.J. explained in words which are well-known that: “It is immaterial in such a case whether the action in form be in tort or in assumpsit.…

…filed, leave had been obtained, presumably under Section 28 of the Limitation of Actions Act, cap 22 Laws of Kenya, to institute or proceed with the suit nothwithstanding that the time limited for bringing an action in tort…

…I think it is the sort of compensation that in another branch of the law of tort would be called a Benham v Gambling award.…