Case law
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Division and case type: Milimani Commercial CourtsCivil Case
…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.…
Division and case type: Milimani Commercial CourtsCivil Case
…For these torts he claimed both special and general damages. In paragraph 3 of the defence the first defendant admitted that the second defendant was the agent of the first defendant but denied the alleged torts.…
…Indeed, no tort is alleged that has not been alleged in paragraph 6 of the plaint, and the attempt to present a claim for wrongful arrest, false imprisonment and malicious prosecution as also a claim for defamation must be…
Division and case type: Environment and LandMiscellaneous Application
…There are thousands of precedents that have dened 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.…
Division and case type: Milimani Commercial CourtsCivil Case
…Kisumu County Council 1971 E.A. where it was held that the law concerning exemplary damages in tort is authoritatively set out in Rookes vs. Bernard. The effect of Rookes vs.…
…Bernard is that the exemplary damages for tort may only be awarded in two classes of cases:- 1.…
Division and case type: Milimani Commercial CourtsCivil Case
…He further submitted that there was no wrongdoing, contractually or in tort, against the 3rd Defendant for which the remedy sought has been prayed for.…