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…Finally, he reduced all these awards by 50% on the ground of contributory negligence by the deceased.…

…When the trial commenced the respondent’s advocate sought formal leave to amend the defence to incorporate a plea of contributory negligence on the part of the deceased.…

…The Kenyan courts have pronounced themselves on several occasions on the issue of contributory negligence of a child where courts have stated that a child of tender years cannot be guilty of contributory negligence unless…

…Therefore, this Tribunal cannot apportion contributory negligence on the minor. Uninsulated electric supply lines ought not to be so close to reach especially for a minor of a tender age of nine years. 27.…

…The Kenyan courts have pronounced themselves on several occasions on the issue of contributory negligence of a child where courts have stated that a child of tender years cannot be guilty of contributory negligence unless…

…Therefore, this Tribunal cannot apportion contributory negligence on the minor. Uninsulated electric supply lines ought not to be so close to reach especially for a minor of a tender age of nine years. 27.…

…Where, as in the instant case, the issue of contributory negligence by the deceased has been raised, the court has to investigate that issue on evidence to be called by the defendant who alleges contributory negligence.…

…If the defendant calls no evidence then he has not discharged the onus on him of proving the contributory negligence pleaded by him. In the absence of such evidence the court cannot decide relative blameworthiness.…

…Some suggestion has been canvassed on the issue of contributory negligence on the part of the driver of motor vehicle Reg No KNN 997.…

…I find no evidence, given the circumstances of this accident, to attribute any degree of contributory negligence upon the driver of the lorry in which the plaintiff was a passenger.…

…He expressly found that the respondent was not guilty of any contributory negligence.…

…In other words, within the context of those findings, was there yet room for a valid finding of contributory negligence?…

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

…I have to direct myself as to possible contributory negligence on the part of the plaintiff.…

…So I discount any possible contributory negligence on the part of the plaintiff. Whose employee was the plaintiff on the fateful date?…

…There the issues arose as to whether there was any contributory negligence by the plaintiff.…

…In those circumstances it was not surprising in my view that the court absolved the plaintiff of contributory negligence because the effect of the relevant portion of the defence was that the plaintiff injured himself by…

…He is entitled, and indeed bound, if he is not to be guilty of any contributory negligence, to take reasonable precautions to avoid injury to himself. In Jones v Boyce [1816] 171 ER VOL.…

…circumstance is 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 in the law of tort.…

…If so, the defendant could have joined the rider as a party to claim contributory negligence and indemnity. However, he has not done so.…

…There is no evidence to support contributory negligence either. I would allow this appeal and set aside the judgment of the High Court in dismissing the plaintiff’s claim.…

…And any driver whofails to take reasonable care for his own safety will be foundguilty of contributory negligence. The standard of care demandedis that of an ordinary reasonable man.…

…But then no facts are as yet before the Court, as to whether there was any fault or contributory negligence when the appellant performed the experiment, which brought him into contact with the dangerous gases which in turn…

…In view of the plaintiffs contributory negligence which I assessed at 20%, the net sum to which the plaintiff is entitled under various heads works out as follows: Gross Net (a) Pain and suffering loss of amenities 350,000…