Search court decisions

…It is accepted that in an action for malicious prosecution the plaintiff cannot succeed unless he establishes the following essential ingredients of the tort known as malicious prosecution.…

…(see Salmond on the Law of Torts 16th Edition, page 423) The plaintiff gave evidence on his own behalf and did not call any other witness.…

…It is neither contract nor Tort. It is in actual fact simply a claim under the provisions of the constitution. It cannot be categorized with those wrongs and claims limited under Cap 22.…

…With respect, the issue of liability is in respect of tort. The agreement between the parties as regards liability, decided the question of who was to blame and to what extent, for the accident.…

…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 in the law of tort…

…The award of shs.60,000/- for loss of user was quite plainly erroneous as there was no provision in the policy for this kind of loss and secondly, because the appellant was not the tort-feasor or the employer of the person…

…He further submitted that there was no wrongdoing, contractually or in tort, against the 3rd Defendant for which the remedy sought has been prayed for.…

…Kisumu County Council 1971 E.A. where it was held that the law concerning exemplary damages in tort is authoritatively set out in Rookes vs. Bernard. The effect of Rookes vs.…

…Bernard is that the exemplary damages for tort may only be awarded in two classes of cases:- 1.…

…Lord Tenterden, C.J. explained in words which are well-known that: “It is immaterial in such a case whether the action in form be in tort or in assumpsit.…

…47A of the Evidence Act (cap 80)), and that this theft occurred in the course of his employment, and therefore the second defendant would be vicariously liable, as we suppose, under the general principles of the law of Tort…

…filed, leave had been obtained, presumably under Section 28 of the Limitation of Actions Act, cap 22 Laws of Kenya, to institute or proceed with the suit nothwithstanding that the time limited for bringing an action in tort…

…I think it is the sort of compensation that in another branch of the law of tort would be called a Benham v Gambling award.…