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 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 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…