Case law
Search tips: "exact phrase" · -exclude · land | property · negligen* · citations like [2023] KEHC 123
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
…On the pleadings, both appellants denied negligence and pleaded that; “the accident occurred due to the sole or substantial negligence of the first plaintiff (meaning the first respondent) in driving, managing or controlling…
…But when hearing of the suit opened before Cockar J on the 14th December 1982, both appellants reversed their position and admitted liability for negligence.…
Division and case type: CivilCivil Appeal
…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…
Division and case type: CivilCivil Appeal
…Fraser conceded that the dishonour of the four cheques was wrongful and was due to the negligence and carelessness of the bank.…
…There the bank had by its negligence in the discharge of its duties caused the bankruptcy of the customer. The damage to the appellant was wide because four cheques were negligently and wrongly marked “Account closed’.…
Division and case type: CivilCivil Appeal
…the contract between the plaintiff and first defendant, the latter finally claims that there was a condition exempting the defendant from liability for any loss or damage of any kind resulting wholly or partly from the negligence…
…the contract between the first defendant and second defendant was admitted with the object no doubt of showing that the second defendant was the agent or servant of the first defendant, the exemption clause covered any negligence…
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
…On the pleadings, both appellants denied negligence.…
…However, when trial opened before the High Court, the appellants admitted negligence and the learned judge was not troubled with any evidence or argument on that issue.…
Division and case type: CivilCivil Appeal
…The learned trial judge found that the accident was caused by the negligence of DW 1 and there is no appeal against liability.…
Division and case type: CivilCivil Appeal
…accepted in the 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…
Division and case type: CivilCivil Appeal
…The respondent could have been compensated by costs for the delay occasioned by his advocate’s dilatoriness and the appellant should not have been denied a hearing because of his advocate’s mistake even if it amounted to negligence…
…It is unfortunate that advocates’ sins and omissions are sometimes visited on their clients, who are left without the remedy they sought, but to sue the advocate for professional negligence but where a litigant shows that…
Division and case type: CivilCivil Appeal
…The appellant sued his employer, Coastal Bottlers Limited, the respondent, for damages for his injuries incurred in an accident at their premises which he claimed were the consequence of its negligence and or breach of contract…
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.…
Division and case type: CriminalCriminal Appeal
…The information given in the forms was untrue, we are satisfied of that, as was the learned trial magistrate, and we are not prepared to accept explanations that that happened by negligence, influence or accident as we have…
Division and case type: CivilCivil Appeal
…The appellant sued his employer, Coastal Bottlers Limited, the respondent, for damages for his injuries incurred in an accident at their premises which he claimed were the consequence of its negligence and or breach of contract…
Division and case type: CivilCivil Appeal
…Looking at this dispute from the point of view of the Lyle Shipping Co Ltd case, one finds that as the facts were as found by the trial judge in effect saying that the consignees were not guilty of negligence, AL Smith L…
Division and case type: CivilCivil Appeal
…It tends more towards a suit for damages for negligence. (See Tse Kwong Lam vs Wong Chit Sen [1983] 3 All ER 54).…