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…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.…

…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.…

…The plaintiff claimed that the assault was “caused and/or precipitated by the defendant’s negligence, in the management and control of its factory/premises”.…

…He proceeded to give particulars of such negligence in para 4 of his plaint.…

…In my judgment negligence has been established against the second defendant and I find him liable to the plaintiff.…

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

…The plaintiff alleged that it was due to the defendant’s negligence in the way its Leyland lorry was driven, which resulted in the vehicle being involved in an accident, thus causing the loss and damage complained of.…

…The plaintiff was insured, so the insurance met the loss, but that money has not got to be recovered from the defendant whose negligence resulted in the accident.…

…The plaintiff’s claim on the basis of negligence hinges on the allegation that DW 1, i.e the night attendant or receptionist unlawfully permitted Amrik Singh this was done against the plaintiff’s wishes.…

…There was therefore no negligence on the part of any of the defendant’s servants with regard to Amrik entrance to the plaintiff’s room and consequently his claim on negligence must fail.…

…The defence denied there was any negligence on their part. The defence stated that the accident was solely caused or substantially contributed by the Plaintiffs negligence.…

…Hence the issue now is to determine the degree of negligence of each driver. It is not in dispute that the lorry was driving downhill while the ambulance was going uphill.…

…In my view that is the only negligence that can be attributed to the driver of the ambulance otherwise this accident occurred due to the negligence of the lorry driver.…

…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.…

…The plaintiff based his claim on the 1st defendant’s negligence for which the 2nd defendant firm is vicariously responsible. The defendants, for their part denied negligence.…

…I think the lst defendant was negligent and that his negligence was the substantial cause of the accident. I use the word “substantial” advisedly because, I cannot acquit the plaintiff of all blame.…

…it, One matter occurs to me and that is that it is possible that the plaintiff's car was hidden by the car that the defendant says the plaintiff was passing at the time of the collision, and, therefore, he was guilty of negligence…

…The plaintiff has failed to satisfy me that the defendant was guilty of any negligence and 1 dismiss the plaintiffs claim with costs dated this 3rd day of January, 1984. J P TRAINER JUDGE…

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

…free education and maintenance (4) Loss of salary as a cadet (5) Maintenance and education by his father Mr Mohamed submits that these are the losses which plaintiff has suffered as a direct consequence of the defendant’s negligence…

…Her allegation is that thedeceased died as a result of injuries sustained in a road accidenton 17.3.89, which accident she blames on the negligence of thedefendant.…

…That coupled with the fact that there was a continuousyellow line at the spot was an act of gross negligence.…

…He prayed for damages, costs jointly and severally, including loss of earning prospects.2 A joint defence was filed on 15.6.97, on their part the defendants averred that they werenot liable in negligence but that the plaintiff…

…MAHITAI &20 ANOTHER [1969] E.A.71 were cited on apportionment of negligence in situations as this.…

…As a result of the 2nd and 3rd negligence the Plaintiff sustained fracture of the pelvis, abdominal pains abdominal distension, rapture of the bladder and netropeutoneal bleeding.…

…I find that the defendants are liable in negligence for the accident which I compute at 100%.…

…If the appellant was paid compensation by the complainant then this is an indication of negligence on the part of the complainant. The learned senior state counsel (Mr Nyagah) did not seek to support the conviction.…

…If the appellant was paid compensation by the complainant then this is an indication of negligence on the part of the complainant. The learned senior state counsel (Mr Nyagah) did not seek to support the conviction.…

…PARTICULARS OF NEGLIGENCE: (a) Failed to take any or any reasonable steps to ascertain whether or not the property was owned by Silvester Holdings Limited; (b) In the alternative to (a), being aware that the property was…

…It denies making the representations as alleged in paragraph 8 of the plaint and also denies the allegations of negligence contained in the same paragraph.…