Case law
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Division and case type: CivilCivil Appeal
…These are establishment of the duty of care, breach of that duty of care by the respondent, that a claimant suered injuries as a result of the breach of duty and that the injury suered was reasonably foreseeable.…
…In the case of Joseph Kiptonui v KPLC [2010] eKLR it was held that the respondent herein had a duty of care to all Kenyans wherever it happens to have electric supply lines.…
Division and case type: CivilCivil Case
…of care will arise.…
…I now revert to the facts of the case to determine if there was a duty of care relationship as alleged, and, if so, whether the defendant breached the duty of care as alleged in paragraph 8 (a) – (d) of the plaint. Mr.…
Division and case type: CivilCivil Case
…The plaintiff claims that the attack upon him took place because of the negligence of the defendant and alternatively be reason of the defendant’s failure to observe the duty of care required of it by the contractual relationship…
…The defendant has denied liability contending that it was neither negligent nor guilty of any breach of duty of care as alleged or at all.…
Division and case type: CivilCivil Suit
…Particulars of negligence and breach of common law duty of care have been given by the defendant in paragraphs 5 & 6 of the plaint.…
…And by Lord Harschell in Smith vs Charles Baker & Sons [1891] AC 362: “It is quite clear that the contract between the employer and employed involves on the part of the former the duty of taking reasonable care to provide…
Division and case type: CivilCivil Appeal
…Ground 2A has not been objected to; and covers the dispute that if the judge found that the warehousemen had not delegated to Securicor any part of their duty of care to the plaintiff, the judge was in error in holding Securicor…
…liable to the plaintiff, on the basis that Securicor owed the plaintiff a duty of care, and holding Securicor liable to the plaintiff for the theft of the goods.…
Division and case type: CivilCivil Appeal
…In the circumstances of the case before the learned judge, the appellant's duty of care should have been judged by what he ought reasonably to have anticipated in this regard and then consider what course of action he would…
Division and case type: CivilCivil Appeal
…damages for personal injuries must be filed to three years, even though the action is pleaded by way of breach of a contractual duty to provide precautions for the plaintiff’s safety, rather than as a breach of a general duty…
…of care which exists independently of contract or statute.…
Division and case type: CivilCivil Appeal
…It was also under a duty of care to the plaintiff to provide a safe system of working and not to expose him to risk.…
Division and case type: CivilCivil Case
…Itis against that duty and standard of care that I should judge theconduct of the defendant and the deceased in this case.…
…And this breach of duty of care hasoccasioned loss and damage for which the defendant is liable. Butthe deceased was not a virtuous virgin either.…
Division and case type: CivilCivil Appeal
…The mortgagee owes a duty of reasonable care to obtain the best possible price which the circumstances of the case permit.…
…It does not seem to us that whilst the First Defendant Bank m ay have owed the Plaintiff Company a duty of care, as having an interest in the suit premises as beneficial owner, that this duty affects the decision whether…
Division and case type: Milimani Commercial CourtsCivil Case
…That the lst defendant owed a greater duty of care than the plaintiff, is plain to me.…
Division and case type: CivilCivil Appeal
…there are indeed other allegations in paragraphs 4 and 8 which make it perfectly clear that the accident happened at work in circumstances which established on the balance of probabilities that the defendants failed in the duty…
…of care which they owed to the plaintiff.…
Division and case type: CivilCivil Case
…These ingeneous deductions from combined speed and braking distances however correct ignore the question of fourth defendant’s duty of care.…