…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.…

13 min read

Judgment[1987] KECA 7414 April 1987

Karanja v Inter Continental Hotel & another

Court of Appeal at NairobiJUDGE APPEALCase number Civil Appeal 38 of 1985

Division and case type: CivilCivil Appeal

…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…

appeal failsDismissed12 min read

Judgment[1987] KECA 7627 September 1987

Securicor (Kenya) Ltd v EA Drapers Ltd & another

Court of Appeal at MombasaGautama,judge held Securicor,JUDGE APPEAL,ItCase number Civil Appeal 67 of 1985

Division and case type: CivilCivil Appeal

…47A of the Evidence Act (cap 80)), and that this theft occurred in the course of his employment, and therefore the second defendant would be vicariously liable, as we suppose, under the general principles of the law of Tort…

14 min read