Case law
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Division and case type: High Court Civil Appellate DivisionCivil Appeal
…It asserted that it did not owe the Respondent any duty of care.…
…On the second issue, whether the Appellant owed the Respondent a duty of care, the court held that the Appellant being a manufacturer of the soda owed the Respondent a duty of care to take reasonable care when manufacturing…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…In the contractual relationship of a banker and customer there exists a duty of care between them.…
…In that case the banker is in breach of its duty of care and must be held to account for any loss arising. 40.…
Division and case type: High Court DivCivil Appeal
…Definitely, this would have assisted the court to infer duty of care and breach of duty of care on the part of the Respondents.…
…In such circumstances, the existence of duty of care, breach of duty of care, proximity or neighborhood and foreseeability as crucial ingredients of negligence on the part of the Respondents were diminished and unavailable…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…its duty of care towards the respondent and contended that it properly discharged the said duty of care towards the respondent and therefore he was to blame for his misfortune because the appellant provided him with secure…
…of care?…
Division and case type: High Court CivilCivil Suit
…It is the Plaintiff’s submission that the actions by the 1 st Defendant fell short of the professional standard of care owed and therefore constitute a breach of the duty of care.…
…duty of care on the part of the 1 st Defendant.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…Burden [1972] All ER 1210 where it was held that banks owe customers a duty of skill and care. 17.…
…Duty of Care under the Check-Off Loan Arrangement 21.…
Division and case type: Environment and LandMiscellaneous Application
…These are establishment of the duty of care, breach of that duty of care by the respondent, that a claimant suered injuries as a result of the breach of duty and that the injury suered was reasonably foreseeable.…
…In the case of Joseph Kiptonui v KPLC [2010] eKLR it was held that the respondent herein had a duty of care to all Kenyans wherever it happens to have electric supply lines.…
Division and case type: High Court CivilCivil Appeal
…Patel [2019] e KLR , the court held as follows: - “ It therefore follows that a duty of care arose once he agreed to diagnose and treat the plaintiff.…
…Njuguna held as follows:- “ Professional negligence will normally arise when a person does not exercise the degree of skill, duty and care of a reasonable person in that profession.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…of care; d) The trial court failed to properly evaluate the evidence on record. 8.…
…The burden lies with the claimant to establish the existence of a duty of care, breach of that duty, and resultant damage. 18.…
Division and case type: High Court DivCivil Appeal
…The Respondent attributed his injuries to the Appellant's negligence and breach of its duty of care as the manufacturer of the impugned product. 5.…
…of care. v.…
Division and case type: High Court DivCivil Appeal
…The Respondent attributed his injuries to the Appellant's negligence and breach of its duty of care as the manufacturer of the impugned product. 5.…
…of care. v.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…The 1 st Respondent noted that all payments were made to the hospital and maintained that hospitals owe a non-delegable duty of care to patients.…
…It is trite that a duty of care arises once a doctor or a health care professional agrees to diagnose or treat a patient. This is the position that was taken in the case of Ricarda Njoki Wahome vs.…
Division and case type: High Court DivCivil Appeal
…It was her contention that the Trial Court erred in holding that for a duty of care to arise, there had to be a direct relationship between her and the Respondent.…
…She was emphatic that that position was erroneous as an agent delivering the goods to the courier created a duty of care that extended from the owner to the courier, which now had a legal obligation to ensure that the goods…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…The Appellant was satisfied by the order to be delisted from the Credit Reference Bureau but found it unsatisfactory that the magistrate did not award damages for breach of duty of care.…
…The information given by the Respondent to the Credit Reference Bureau alleging that the Appellant was indebted to the Respondent was inaccurate, in breach of the duty of care owed to the Appellant and contrary to Rule 25…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…On the issue of duty of care, the Appellant relies on Kingdom Bank v Alice Wanja Wanjohi, High Court Civil Appeal No.…
…The two questions I have isolated , the existence of a duty of care and its breach , must be answered against the settled principles governing the relationship between a banker and its customer, and upon a re-evaluation of…
Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…The Respondent owed a duty of care to the Petitioner herein.…
…Such a person, whether he is a registered medical practitioner or not, who is consulted by a patient, owes him certain duties namely, a duty of care in deciding whether to undertake the case, a duty of care in deciding what…
Division and case type: High Court CivilCivil Suit
…That the withholding and freezing of account is an action outside the trust deed but a breach of duty of care. Applicant’s submissions 9.…
…duty of care this court is vested with jurisdiction to entertain it. 20.…
Division and case type: Environment and Land CourtCivil Suit
…of care to the Plaintiff.…
…Regarding the Duty of Care, it was the Plaintiff’s contention that the Defendants, particularly the 1st, 2nd, and 3rd Defendants, owed the Plaintiff a statutory and common law duty of care based on the "neighbour principle…
Division and case type: High Court DivCivil Appeal
…He therefore found the appellant in breach of his duty of care towards the respondent and consequently liable for the fire incident and for the injuries sustained by the appellant.…
…a duty of care.…
Division and case type: High Court CivilCivil Suit
…That the withholding and freezing of account is an action outside the trust deed but a breach of duty of care. Applicant’s submissions 9.…
…duty of care this court is vested with jurisdiction to entertain it. 20.…