Judgment[1998] KECA 125
Case law
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Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Case
…I find that the defendants are liable in negligence for the accident which I compute at 100%.…
Division and case type: CivilCivil Appeal
…In the suit, which was filed sometime in 1988, over seven years after the accident, he alleged in the plaint that the accident occurred due to negligence on the part of the respondent's driver in the manner and speed at which…
…Njuguna conceded that the appellant had proved by evidence, that an accident occurred, but did not think that any evidence was adduced to establish negligence on the part of the driver.…
Division and case type: CivilCivil Appeal
…The issue of negligence was, by consent of the parties, agreed. The liability of the appellant was agreed at 65%, that of the deceased being 35%.…
Division and case type: CivilCivil Appeal
…There will be cases in which justice will be better served by allowing the consequences of the negligence of the lawyers to fall on their own heads rather than by allowing an amendment at a very late stage of proceedings.…