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…KAJ 710F suffered fatal injuries in an accident caused by the negligence of the 2nd Defendant for which 1st defendant is vicariously liable.…

…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.…

…The particulars of the alleged negligence are set out in Paragraph 8 of the Plaint. 6.…

…The Defendants denied any and all allegations of negligence attributed to them. They deny that the Deceased sustained fatal injuries as a result of the accident. 10.…

…In his defence, the Defendant did not dispute the occurrence of the accident but averred that it was caused by the negligence of the driver of motor vehicle registration number KAH 293G.…

…conflicting contentions of both sides, the learned judge delivered himself as follows: “Having already analysed the material events which culminated in the sale of the vehicle it is clear that the person who would be guilty of negligence…

…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.…

…In the instant case Mr Onyinkwa has submitted that negligence, in the sense that the instigator or the broker failed to check up and take ordinary precautions to ensure that the item attached was that of the debtor of loanee…

…In my judgment in the instant case there was extreme and actionable negligence exhibited by the AFC in ordering the seizure of the vehicle KLR 903, which did not belong to its loanee.…

…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%.…

…The total award of Shs 168,770/= is then reduced to Shs 135,016/= on account of the plaintiff 20% contributory negligence.…

…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.…

…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.…

…On 4th April, 1984, due inter alia, to negligence in the performance of his work. The background facts are brief and straightforward.…

…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 contract between the plaintiff and first defendant, the latter finally claims that there was a condition exempting the defendant from liability for any loss or damage of any kind resulting wholly or partly from the negligence…

…the contract between the first defendant and second defendant was admitted with the object no doubt of showing that the second defendant was the agent or servant of the first defendant, the exemption clause covered any negligence…

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

…The doctrine that if the plaintiff's act was the proximate cause of the damage the plaintiff can not recover is well established.Would this accident have not occured but for the negligence of the plaintiff?…

…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%.…