Search court decisions

…Was the accident caused due to the negligence and/or carelessness of the plaintiff or the defendants? 3. Was the plaintiff’s trailer plus tanker thereon extensively damaged after the accident? 4.…

…plaintiff pleaded that vehicle registration No KPG 866 was at the time of the accident owned by the 1st defendant but was being driven by the 2nd defendant and the plaintiff further averred that the accident occurred due to the negligence…

…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…

…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…

…the Town Clerk required the Plaintiff to show cause why disciplinary action should not be taken against her including dismissal from the service of Nairobi City Commission on the grounds of misconduct, incompetence and negligence…

…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.…

…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…

…It tends more towards a suit for damages for negligence. (See Tse Kwong Lam vs Wong Chit Sen [1983] 3 All ER 54).…