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…The plaintiff based his claim on the 1st defendant’s negligence for which the 2nd defendant firm is vicariously responsible. The defendants, for their part denied negligence.…

…I think the lst defendant was negligent and that his negligence was the substantial cause of the accident. I use the word “substantial” advisedly because, I cannot acquit the plaintiff of all blame.…

…it, One matter occurs to me and that is that it is possible that the plaintiff's car was hidden by the car that the defendant says the plaintiff was passing at the time of the collision, and, therefore, he was guilty of negligence…

…The plaintiff has failed to satisfy me that the defendant was guilty of any negligence and 1 dismiss the plaintiffs claim with costs dated this 3rd day of January, 1984. J P TRAINER JUDGE…

…Her allegation is that thedeceased died as a result of injuries sustained in a road accidenton 17.3.89, which accident she blames on the negligence of thedefendant.…

…That coupled with the fact that there was a continuousyellow line at the spot was an act of gross negligence.…

…As a result of the 2nd and 3rd negligence the Plaintiff sustained fracture of the pelvis, abdominal pains abdominal distension, rapture of the bladder and netropeutoneal bleeding.…

…I find that the defendants are liable in negligence for the accident which I compute at 100%.…

…If the appellant was paid compensation by the complainant then this is an indication of negligence on the part of the complainant. The learned senior state counsel (Mr Nyagah) did not seek to support the conviction.…

…The appellant sued the respondent, Falcon Guards Limited, in the superior court claiming Shs.219,575.00 being a loss allegedly suffered by the appellant due to the respondent's employees' negligence in failing to prevent…

…But, due to rampant inefficiency, negligence, dishonesty, lack of diligence and general disregard for professional ethics on the part of the majority of the advocates in this country, the Rules are abhorred.…

…Subsequently the appellant lost that luggage by its negligence.…

…PARTICULARS OF NEGLIGENCE: (a) Failed to take any or any reasonable steps to ascertain whether or not the property was owned by Silvester Holdings Limited; (b) In the alternative to (a), being aware that the property was…

…It denies making the representations as alleged in paragraph 8 of the plaint and also denies the allegations of negligence contained in the same paragraph.…

…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.…

…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.…

…Mr Otieno for the plaintiff stressed that even if the 2nd defendant’s account as to the cause of accident is accepted it still displayed a certain amount of negligence on his part.…

…After considering the cause of accident from all its angles in my view there was no negligence at all on the part of the 2nd defendant. The accident had been made inevitable by the action of the plaintiff herself.…

…[1971] EA 493 which was a case on causing death by dangerous driving, and in which it was pointed out that imprisonment was only appropriate where there is some element of deliberate risk taking or evidence of conscious negligence…

…On 4th April, 1984, due inter alia, to negligence in the performance of his work. The background facts are brief and straightforward.…

…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’.…

…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%.…

…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.…

…Kiania Njau, his client, one Bernard Kairu, filed a suit against Patrick Nyuttu and another claiming damages for negligence. This was HCCC No 1198/84.…

…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…