Judgment[2022] KEELC 15592
Case law
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Division and case type: Environment and LandMiscellaneous Application
…The Respondent also attributed negligence on the part of the County Government of Nairobi.…
…The concept of negligence has been established for long under common law. There are thousands of precedents that have dened the requirements for the tort of negligence.…
Division and case type: Milimani Commercial CourtsCivil Case
…Hence the issue now is to determine the degree of negligence of each driver. It is not in dispute that the lorry was driving downhill while the ambulance was going uphill.…
…In my view that is the only negligence that can be attributed to the driver of the ambulance otherwise this accident occurred due to the negligence of the lorry driver.…
Division and case type: Milimani Commercial CourtsCivil Case
…The plaintiff based his claim on the 1st defendant’s negligence for which the 2nd defendant firm is vicariously responsible. The defendants, for their part denied negligence.…
…I think the lst defendant was negligent and that his negligence was the substantial cause of the accident. I use the word “substantial” advisedly because, I cannot acquit the plaintiff of all blame.…
Division and case type: Milimani Commercial CourtsCivil Appeal
…Mr Otieno for the plaintiff stressed that even if the 2nd defendant’s account as to the cause of accident is accepted it still displayed a certain amount of negligence on his part.…
…After considering the cause of accident from all its angles in my view there was no negligence at all on the part of the 2nd defendant. The accident had been made inevitable by the action of the plaintiff herself.…