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…In it he denied that he was guilty of negligence as alleged.…

…the appeal, that contributory negligence had to be specifically pleaded by way of defence to a plaintiff’s claim of negligence; that, since there had been no such plea, the judge had erred in law in finding that the plaintiff…

…Defendant filed a defence in which he denies negligence and attributesthe accident to the negligence of the deceased. He has given particulars ofnegligence of deceased in para 7 of the plaintiff.…

…He gave particulars of negligence and attributed the accidentto the deceased. Negligence was framed as an issue which court had todecide.…

…In Henderson v Henry E Jenkins & Sons [1970] AC 282 at 301 Lord Pearson at letter D stated: “In an action for negligence the plaintiff must allege, and has the burden of proving, that the accident was caused by negligence…

…What sort of negligence could there be in overtaking? There is no evidence to support contributory negligence either.…

…He then sets out particulars of negligence, injuries and of special damages.…

…The respondent filed a defence in which she denied that the accident was caused by any act of negligence on her part and in paragraph 4 she stated: “(4) The defendant states that the accident occurred solely as a result of…

…The particulars of negligence as pleaded are: (a)Driving at an excessive speed in the circumstances. (b)Failing to keep any or any proper look out.…

…the respondent called no evidence as regards the actual manner of driving of the appellant's vehicle but relied on the fact of the said conviction as proof of negligence.…

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

…The plaint contained allegations of negligence against a fellow-worker whose name was given as Peter Nyamai. Particulars of the alleged negligence were given.…

…Thus, a master is not liable for negligence committed outside the scope of his employment.…

…That disobedience did not absolve the employer from liability, for the employee’s negligence.…

…It was contended that it was outside his knowledge that his injuries were attributable to the other driver’s negligence, and that he did not know the statutory period of limitation.…

…the personal injury so resulting; and (c) the fact that the personal injuries were attributable to the negligence, nuisance or breach of duty or the extent to which they were so attributable.…

…All she appears to say is that even if the explanation were true it would only show negligence on the part of counsel and that the applicant has remedy against counsel for such negligence I do not think that is a proper basis…

…Mr Aboo’s further submission was that the respondent’s cause of action was for damages for negligence or breach of duty (the duty existing by virtue of a contract) and the damages he claimed for the negligence and or breach…

…or any such provision) where the damages by the plaintiff for the negligence, nuisance or breach of duty consist of or include damages in respect of personal injuries to any person.…

…part of the Defendant, or, if he relies on negligence, he must state the facts, which he alleges, constitute negligence.…

…As it stands, it neither alleges negligence in terms nor alleges facts which, if true, would of themselves constitute negligence; nor, if counsel for the plaintiff is right, would be bound at any time before the trial to…

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

…He thus answered in specle the only allegation of negligence which were really particular to this case, as opposed to the generalities to which I have just referred.…

…These follow the usual, stereotyped, particulars of negligence which can be obtained from any book on pleadings and civil procedure.…

…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.…

…On account of this, he held him liable in negligence.…

…In holding the appellant liable in negligence, the learned judge did not, in the circumstances of this accident, even consider what course of action he (appellant) would have taken to ascertain that it did not occur.…

…The accident was therefore attributed to negligence on the part of the defendant’s driver.…

…A defence was delivered on behalf on the defendant admitting the occurrence of the accident and the death of the deceased but alleging that the said accident was caused by negligence on the part of the deceased.…

…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…

…of duty (whether the duty exists by virtue of a contract or of a written law or independently of a contract or written law): and b)the damages claimed by the plaintiff for the negligence, nuisance or breach of duty consist…

…There is an allegation of negligence and collusion. The amount involved is collosal and the status quo should be maintained.…

…That sounded strange from a party accusing a bank of fraud and negligence. But it is of a piece with the amended plaint.…

…Strangely enough, counsel for the respondent submitted that there was no negligence on the part of the Club.…

…The defendant’s failure to supply a helmet after evidence of the previous incident of attack is an act of continued negligence.…

…Issue No.3: Was the break-in and theft caused due to breachof agreement and/or negligence on the part of the Defendant'ssecurity guards as alleged in paragraph 5 of the Plaint?…

…The issue of negligence ought to be proved and established.This was not. "This case has been very poorly made out."…

…conflicting contentions of both sides, the learned judge delivered himself as follows: “Having already analysed the material events which culminated in the sale of the vehicle it is clear that the person who would be guilty of negligence…