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…The reinsurers claim in contract against the brokers failed but their claim in tort succeeded.…

…E.R. 575 and the many cases which followed it, to support the defendant’s liability in tort.…

…The Tort of malicious or negligent abuse of power is as one writer puts it still A nascent tort. Each Tort is different and since the matter is one of policy, each can be decided in a different way from the next one.…

…First that the owners drivercommitted a tort, in the present case, a tort of negligence. Secondly, he mustprove that the driver was owners servant or agent.…

…Two matters must be established before the tort of malicious prosecution can be sustained.…

…In the above circumstances I am not satisfied that the tort of malicious prosecution has been proved.…

…PLAINTIFF VERSUS ATTORNEY GENERAL……………………………DEFENDANT JUDGMENT The plaintiff, Moses Waithanji Mingire, a retired police officer, and presently a farmer and businessman, brought action by plaint, claiming damages based on the torts…

…Having come to the foregoing conclusion, the tort of malicious prosecution must of necessity fail. There was justification for the arrest, detention and prosecution of the plaintiff.…

…The suit is based in tort for demolition and damages caused which I find in evidence and the admission contained in the memo and other correspondence put in as exhibits that both defendants are liable.…

…It is a decision therefore, which must command the highest respect in any country which has adopted the English Law of Tort.” Summarising the effect of Rookes V Barnard Spray VP stated at P 94.…

…On January 8, 1976, fourteen days before the expiration of the statutory period within which to bring an action for tort, a plaint was filed on her behalf claiming damages from the owner of the bus and also from J H Minet…

…As more than three years had lapsed since the accident she was entitled to avail of section 4 (2) of the Limitation of Actions Act (cap 22): “An action founded on tort may not be brought after the end of three years from…

…This tort is a violation of the right of possession and M'Mbijiwe must prove he, and not M'Mukanya and Nyamu, had the right to immediate and exclusive possession ok it which is different from ownership.…

…Salmond on the Law of Torts, 1977, 17th edition, 47. The later division of it into 4 or 5 smaller ones and the allocation of the smaller 58 to M’Mukanya and Nyamu was irregular and of no effect.…

…purported to deny that the defendant was criminally responsible for the plaintiff being maimed, but I take it that such denial is intended to and does not include any civil liability,” an assault being a crime as well as a tort…

…If it is unintentional it may yet be negligent (as distinct from the tort of negligence) or it may be pure accident or misadventure.…

…There can be no doubt that a wrongful taking of another person’s goods constitutes the tort of conversion.…

…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 is sufficient for the tort…

…There are thousands of precedents that have dened the requirements for the tort of negligence.…

…Furthermore, Section 100 of the Energy Act, 2019 recognizes that licensees can be liable under tort or contract. 17.…

…Section 4(2) of the Act provides: “An action founded on tort may not be brought after the end of three years from the date on which the cause of action accrued.” This is the limitation provision.…

…There is an exception to this section in section 27 which provides: Section 27 (1)Section 4(2) does not afford a defence to an action founded on tort where:- a)the action is for damages for negligence, nuisance or breach…

…This is provided for under section 3 (1) of the Public Authorities Limitation Act (chapter 39) which states: “3 (1) No proceedings founded on tort shall be brought against the Government or a local authority after the end…

…The appellant being the next friend of the deceased boy should have brought action in tort within twelve months and three years respectively for negligence on the part of the owners of the school jointly with their contractor…

…Sub-section (1) and (2) of Section 27 of the Act provide, 27. (1) Section 4(2) does not afford a defence to an action founded on tort where: (a) the action is for damages for negligence, nuisance or breach of duty (whether…

…The appellant’s action founded on tort had therefore to be brought after the end of three years from the time the appellant could sue the Respondents i.e from 2nd January 1977.…

…Furthermore a third party who makes claims against a tort-feasor is not a member of "the insuring public".…

…on grounds that there was lack of good faith that the proposed amendments were useless; that omission to quantify earlier was not curable; that limitation had set in. that is, no amendment to include special damages for tort…

…So the issue of general damages for the tort of inducing a breach of the contract does not fall to be decided any more.…

…It is accepted that in an action for malicious prosecution the plaintiff cannot succeed unless he establishes the following essential ingredients of the tort known as malicious prosecution.…

…(see Salmond on the Law of Torts 16th Edition, page 423) The plaintiff gave evidence on his own behalf and did not call any other witness.…

…It is neither contract nor Tort. It is in actual fact simply a claim under the provisions of the constitution. It cannot be categorized with those wrongs and claims limited under Cap 22.…

…With respect, the issue of liability is in respect of tort. The agreement between the parties as regards liability, decided the question of who was to blame and to what extent, for the accident.…