Judgment[1996] KECA 70
Case law
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Division and case type: CivilCivil Appeal
…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…
Division and case type: CivilCivil Appeal
…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…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…47A of the Evidence Act (cap 80)), and that this theft occurred in the course of his employment, and therefore the second defendant would be vicariously liable, as we suppose, under the general principles of the law of Tort…
Division and case type: CivilCivil Appeal
…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…
Division and case type: CivilCivil Appeal
…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.…