Case law
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Division and case type: CivilCivil Case
…In the defence statement the particulars of the defendant’s negligence as listed in the plaint are categorically denied.…
Division and case type: CivilCivil Appeal
…On the pleadings, both appellants denied negligence.…
…However, when trial opened before the High Court, the appellants admitted negligence and the learned judge was not troubled with any evidence or argument on that issue.…
Division and case type: CivilCivil Case
…Kiania Njau, his client, one Bernard Kairu, filed a suit against Patrick Nyuttu and another claiming damages for negligence. This was HCCC No 1198/84.…
Division and case type: CivilCivil Case
…The defendants have accepted their full liability for the negligence which resulted in the collision and so this case comes to me solely for assessment of damages to be paid to the plaintiff as compensation for the injuries…
Division and case type: CivilCivil Case
…Was the accident caused due to the negligence and/or carelessness of the plaintiff or the defendants? 3. Was the plaintiff’s trailer plus tanker thereon extensively damaged after the accident? 4.…
Division and case type: CivilCivil Case
…Was the accident caused due to the negligence and/or carelessness of the plaintiff or the defendants? 3. Was the plaintiff’s trailer plus tanker thereon extensively damaged after the accident? 4.…
Division and case type: CivilCivil Appeal
…The learned trial judge found that the accident was caused by the negligence of DW 1 and there is no appeal against liability.…
Division and case type: CivilCivil Case
…were being driven by their respective drivers as the servants or agents of their respective owners in the course of their employment and/or within the scope of their authority and that the said accident was caused by the negligence…
Division and case type: CivilCivil Case
…were being driven by their respective drivers as the servants or agents of their respective owners in the course of their employment and/or within the scope of their authority and that the said accident was caused by the negligence…
Division and case type: CivilCivil Case
…The said accident was due to the negligence of the defendants, their servants and or agents whose particulars are given.…
Division and case type: CivilCivil Case
…plaintiff pleaded that vehicle registration No KPG 866 was at the time of the accident owned by the 1st defendant but was being driven by the 2nd defendant and the plaintiff further averred that the accident occurred due to the negligence…
Division and case type: CivilCivil Appeal
…accepted in the 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…
Division and case type: CivilCivil Appeal
…The respondent could have been compensated by costs for the delay occasioned by his advocate’s dilatoriness and the appellant should not have been denied a hearing because of his advocate’s mistake even if it amounted to negligence…
…It is unfortunate that advocates’ sins and omissions are sometimes visited on their clients, who are left without the remedy they sought, but to sue the advocate for professional negligence but where a litigant shows that…
Division and case type: CivilCivil Case
…the Town Clerk required the Plaintiff to show cause why disciplinary action should not be taken against her including dismissal from the service of Nairobi City Commission on the grounds of misconduct, incompetence and negligence…
Division and case type: CivilCivil Appeal
…The appellant sued his employer, Coastal Bottlers Limited, the respondent, for damages for his injuries incurred in an accident at their premises which he claimed were the consequence of its negligence and or breach of contract…
Division and case type: CivilCivil Appeal
…The appellant sued his employer, Coastal Bottlers Limited, the respondent, for damages for his injuries incurred in an accident at their premises which he claimed were the consequence of its negligence and or breach of contract…
Division and case type: CivilCivil Appeal
…There will be cases in which justice will be better served by allowing the consequences of the negligence of the lawyers to fall on their own heads rather than by allowing an amendment at a very late stage of proceedings.…
Division and case type: CivilCivil Appeal
…Looking at this dispute from the point of view of the Lyle Shipping Co Ltd case, one finds that as the facts were as found by the trial judge in effect saying that the consignees were not guilty of negligence, AL Smith L…
Division and case type: CivilCivil Appeal
…It tends more towards a suit for damages for negligence. (See Tse Kwong Lam vs Wong Chit Sen [1983] 3 All ER 54).…