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…Beyond the physical loss, the Respondents’ negligence had destroyed the Petitioners' livelihoods and social stability.…

…The Respondents deny negligence, asserting that the drainage infrastructure was hydraulically sufficient for standard conditions.…

…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.…

…Honourable Senior Principal Magistrate erred in law and in fact- (i) in holding that the Appellant was liable for the washing off the Respondent’s land measuring 0.125 acres whereas the Respondent did not prove any liability or negligence…

…Thirdly, the Respondent attributes this breakage of the pipe to the negligence of the Appellant and pleads the following instances of negligence.…

…diligence, ought to have raised an issue but failed to do so in the former suit, so that such party is not allowed to file a fresh suit on an issue which he or she failed to raise in the former suit by mistake, inadvertence, negligence…

…permit the same parties to open the same subject of litigation in respect of matter which might have been brought forward as part of the subject in contest, but which was not brought forward, only because they have, from negligence…

…That in any case, now that the Applicant blamed his advocate for failure to file the defence, he had recourse in the law on professional negligence but not to derail the court process.…

…Ltd [2002] 1KLR to submit that the Applicant had not pleaded that the error of his Counsel had been a genuine mistake since he had deposed that the same had been a clear case of negligence and that the court could not underwrite…

…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.…

…It was the 1st Defendant’s case that it was a legitimate owner of he said portion of 1.08 acres and that it was later on registered as part of Plot 160 due to the negligence of the council which had failed to excise and exclude…

…However, the 1st Defendant appeared to concede the Plaintiff’s registration but contended that he was registered as proprietor of the entire land by mistake or through the negligence of the 3rd Defendant. 20.…

…It was the 1st Defendant’s case that it was a legitimate owner of he said portion of 1.08 acres and that it was later on registered as part of Plot 160 due to the negligence of the council which had failed to excise and exclude…

…However, the 1st Defendant appeared to concede the Plaintiff’s registration but contended that he was registered as proprietor of the entire land by mistake or through the negligence of the 3rd Defendant. 20.…

…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.…

…The delay in the expeditious prosecution of this suit is indifference and/ or negligence of the Plaintiff and that negligence, indifference and/or laxity should not and cannot be placed at the doorsteps of the defendants,…

…rest in the public interest for swift, sure and certain justice.” 14.A bar of res judicata applies in circumstances where a party who ought to have raised an issue in a former suit failed to do so, either by mistake or negligence…

…permit the same parties to open the same subject of litigation in respect of matter which might have been brought forward as part of the subject in contest, but which was not brought forward, only because they have, from negligence…

…rest in the public interest for swift, sure and certain justice.” 14.A bar of res judicata applies in circumstances where a party who ought to have raised an issue in a former suit failed to do so, either by mistake or negligence…

…permit the same parties to open the same subject of litigation in respect of matter which might have been brought forward as part of the subject in contest, but which was not brought forward, only because they have, from negligence…

…The Appellant averred that she should not be punished for the negligence or mistake of her advocates. The application was opposed by the Respondent through a replying affidavit sworn on 23rd May 2025.…

…To me, this mishap here has nothing to do with the negligence or a mistake of an advocate. It is a case of indolence or lack of interest in the appeal by the Appellant.…

…The applicant in as much as they should not suffer because of their advocate’s indolence, do have a remedy against them in negligence.…

…Therefore, I have no doubt the delay in the expeditious prosecution of this suit is due to the laxity, indifference and/ or negligence of the plaintiff.…

…The Respondent stated that the Plaintiffs were granted leave to amend their plaint in April 2019 but due to negligence and omission on the part of their advocate the said amended plaint was not filed or served within 14 days…

…The Respondents have explained what led to the failure to file the amended plaint on time was due to the negligence of the previous counsel on record.…

…It blamed the 18th, 19th and 20th defendants of both failure and negligence to act as per their Constitutional mandate to protect the plaintiff’s property.…

…They denied the particulars of negligence and dereliction of duty. They stated that their duty to maintain law and order is owed to the general public and not to the plaintiff alone.…

…honorable ELC court has no jurisdiction under Article 162(2) of the Constitution and Section 13 of ELC Act to hear and determine the plaintiff and the 1st defendant case and cause of action against the 2nd defendant based on negligence…

…of a valuer as the court jurisdiction is limited to matters of land, title, environment, and cannot extend jurisdiction to issues of professional negligence against a valuer based on valuation report.…

…According to the Plaintiff, sometimes in October 2022, the leased premises where he conducts a car wash business was destroyed by the Mombasa County Officials on account of what he terms as the Defendant’s negligence.…

…As it were, the Plaintiff has neither disclosed the alleged negligence on the part of the Defendant nor has he displayed the agreement which allowed him not to pay rent until September 2023 when he claims that he was able…