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…These are establishment of the duty of care, breach of that duty of care by the respondent, that a claimant suered injuries as a result of the breach of duty and that the injury suered 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.…

…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…

…The Plaintiffs aver that owing to the close proximity of the construction site to the suit properties, the Defendants owed a duty of care, which duty they breached, to take such care, as in all circumstances of the case,…

…The Plaintiff aver that as a consequence of the Defendants’ breach of duty of care, which is negligence, the Plaintiffs were exposed to grave health risks and sustained substantial loss and damage to their properties.…

…In that case, it was established that in a negligence claim, the Plaintiff must prove that the Defendant owed a duty of care, breached that duty, and that damages resulted.…

…Their argument was that once the 1st Respondent built railway infrastructure near residential areas, it had a duty of care to prevent harm to residents.…

…He urged the court to find that the bank owes him a duty of care to obtain the best reasonable price at the time of sale, as Section 97 obligates the bank to find a reasonable value for his property.…

…Section 97 (1) to (3) of the Land Act states that : (1) “A chargee who exercises a power to sell the charged land, including the exercise of the power to sell in pursuance of an order of a court, owes a duty of care to the…

…Whether the 2nd Defendant breached his duty of care owed and acted negligently in his duties to the Plaintiff 28.…

…The plaintiff further submits that the 2nd defendant breached his duty of care owed to it and acted negligently by arbitrarily cancelling the entries in the green card for the suit property and issuing a title to the 1st…

…It was the Plaintiff’s further testimony that there was collusion, fraud and neglect of the 1st Defendant’s duty of care in the process which culminated in the auctioning of the suit property.…

…It was his further submissions that the 1st Defendant failed to exercise the duty of care imposed by law to obtain a reasonable best price during the public auction conducted on 7th December 2022.…

…That subsequently, the 1st Respondent’s action had been contrary to the provisions of the law which provide that the Chargee owes a duty of care to the Chargor to obtain the best price reasonably obtainable at the time of…

…Further, that the trial Court failed to make a determination as to whether the 2nd Respondent owed the Appellants a duty of care of ensuring that his construction activities would not interfere with the Appellants occupation…

…The Plaintiff averred that the Defendant owed it a duty of care not to alienate their premises and develop it together with Plot Number MI/XXXVII/95 and believed that at some point during the continuance of its lease with…

…The Plaintiff averred that the Defendant owed it a duty of care not to alienate their premises and develop it together with Plot Number MI/XXXVII/95and believes that at some point during the continuance of its lease with…

…which has the original civil jurisdiction under Article 165 of the Constitution so that the same can be decided as a normal law civil dispute applying the common law principles of the tort of negligence i.e., the existence of…

…a duty of care, breach of that duty and damage/loss suffered as a result of the breach.…

…Inasmuch as advocates owe a duty of care to their clients, the clients owe the biggest duty of care to themselves by being vigilant and proactive in following up on the progress of their cases.…

…averred that the 2nd and 3rd Defendants were innocent purchasers of the suit properties for valuable consideration in an overt market without notice of any defect in the title held by the 1st Defendant hence they owed no duty…

…of care to the Plaintiff.…

…inconveniences to be suffered, and while I agree with the 1st defendant that the buyers of the flats who have paid deposits for their units have an expectation to receive their flats within the time agreed, the court also owes a duty…

…of care to the plaintiff, and to other potential buyers, who may want to invest in the ongoing construction, while the 1st defendant’s title to the suit property is under a serious legal challenge.…

…A declaration that the 3rd -7th defendants inclusive owe the plaintiff a duty of care and a duty to maintain proper records and adhere to strict established legal procedures in execution of their duties as custodians of records…

…It has been claimed that the 3rd -7th defendants owed the claimants a duty of care to maintaining proper records as custodians and to adhere to strict legal procedures in execution of their duties with respect to the claimants…

…The Respondent had a duty of care by ensuring that he protects the property belonging to his tenant. His decision to seize the properties clearly showed that he had decided to part away with the Appellant.…

…That the 2nd Defendant failed to meet its heightened duty of care of conducting due diligence on the suit property.…

…Thus, thus the 2nd Respondent owed him a duty of care. THE RESPONDENTS' CASE 6. The 2nd Respondent, Samwel Makemba, filed a Replying Affidavit sworn on 19th June, 2026.…

…Thus, thus the 2nd Respondent owed him a duty of care. THE RESPONDENTS' CASE 6. The 2nd Respondent, Samwel Makemba, filed a Replying Affidavit sworn on 19th June, 2026.…