Search court decisions

…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…

…KAJ 710F suffered fatal injuries in an accident caused by the negligence of the 2nd Defendant for which 1st defendant is vicariously liable.…

…There was negligence on the part of the defendants although there has been no evidence to enable me to pinpoint the exact stage at which that negligence occurred as between the time the letter was sent out by the High Court…

…During that period the plaintiff lost the freedom which he should not have lost had there not been the negligence of the defendants.…

…If so, the defendant could have joined the rider as a party to claim contributory negligence and indemnity. However, he has not done so.…

…free education and maintenance (4) Loss of salary as a cadet (5) Maintenance and education by his father Mr Mohamed submits that these are the losses which plaintiff has suffered as a direct consequence of the defendant’s negligence…

…Issue No.3: Was the break-in and theft caused due to breachof agreement and/or negligence on the part of the Defendant'ssecurity guards as alleged in paragraph 5 of the Plaint?…

…The issue of negligence ought to be proved and established.This was not. "This case has been very poorly made out."…

…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.…

…He prayed for damages, costs jointly and severally, including loss of earning prospects.2 A joint defence was filed on 15.6.97, on their part the defendants averred that they werenot liable in negligence but that the plaintiff…

…MAHITAI &20 ANOTHER [1969] E.A.71 were cited on apportionment of negligence in situations as this.…

…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.…

…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 particulars of the alleged negligence are set out in Paragraph 8 of the Plaint. 6.…

…The Defendants denied any and all allegations of negligence attributed to them. They deny that the Deceased sustained fatal injuries as a result of the accident. 10.…

…The total award of Shs 168,770/= is then reduced to Shs 135,016/= on account of the plaintiff 20% contributory negligence.…

…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.…

…In the instant case Mr Onyinkwa has submitted that negligence, in the sense that the instigator or the broker failed to check up and take ordinary precautions to ensure that the item attached was that of the debtor of loanee…

…In my judgment in the instant case there was extreme and actionable negligence exhibited by the AFC in ordering the seizure of the vehicle KLR 903, which did not belong to its loanee.…

…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.…