Search court decisions

…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.…

…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 contract between the plaintiff and first defendant, the latter finally claims that there was a condition exempting the defendant from liability for any loss or damage of any kind resulting wholly or partly from the negligence…

…the contract between the first defendant and second defendant was admitted with the object no doubt of showing that the second defendant was the agent or servant of the first defendant, the exemption clause covered any negligence…

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

…The doctrine that if the plaintiff's act was the proximate cause of the damage the plaintiff can not recover is well established.Would this accident have not occured but for the negligence of the plaintiff?…

…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%.…

…[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…

…In the defence statement the particulars of the defendant’s negligence as listed in the plaint are categorically denied.…

…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.…

…The defendants have accepted their full liability for the negligence which resulted in the collision and so this case comes to me solely for assessment of damages to be paid to the plaintiff as compensation for the injuries…

…were being driven by their respective drivers as the servants or agents of their respective owners in the course of their employment and/or within the scope of their authority and that the said accident was caused by the negligence…

…were being driven by their respective drivers as the servants or agents of their respective owners in the course of their employment and/or within the scope of their authority and that the said accident was caused by 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…