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…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.…

…This is not to say that he did not owe the 1st Appellant a duty of care but the 1st Appellant owed the Respondent a higher duty of care.” 7.…

…However, the rider herein had the duty of care to drive with due care and attention and he should have been able to stop.…

…This is not to say that he did not owe the 1st Appellant a duty of care but the 1st Appellant owed the Respondent a higher duty of care.” 7.…

…However, the rider herein had the duty of care to drive with due care and attention and he should have been able to stop.…

…of care owed to the appellant. 4.…

…of care and that the same was breached.…

…According to the Applicant, such undervaluation gives rise to the statutory presumption of a breach of the chargee’s duty of care under Section 97(3) of the Land Act. 7.…

…of care. 20.…

…The trial court in apportionment of liability stated that the Appellant, just as the Respondent owed a duty of care, to be careful as they used the road.…

…It is correct that every road user owes a duty of care to other road users. But liability does not attach because of the duty of care. Liability attaches because there is a breach of that duty.…

…Particulars of negligence and breach of common law duty of care have been given by the defendant in paragraphs 5 & 6 of the plaint.…

…And by Lord Harschell in Smith vs Charles Baker & Sons [1891] AC 362: “It is quite clear that the contract between the employer and employed involves on the part of the former the duty of taking reasonable care to provide…

…However, no evidence was adduced linking the accident to the meter, service line, or external apparatus, and therefore the court was not satisfied that KPLC had breached its duty of care. 6.…

…The Appellant’s second issue was whether the respondent discharged their statutory duty of care under the Energy Act.…

…As the person who was in charge of a vehicle, the DW 1 owed a duty of care to other road users to drive or control the vehicle in a manner that did not endanger their lives.…

…Specifically, he owed even a greater duty of care to the deceased, having already seen him on the road and having realized that he is a child as he confirmed to the trial court. In the case of Francis K.…

…The first respondent further urged this court to find that the law on causation and responsibility for accidents has always been that all road users owe a duty of care to each other as well as other road users and passengers…

…Joel Muriu & 3 Others [2018] eKLR in which the court held:- "...It is not lost that both drivers owed a duty of care to each other and to other road users despite the condition of the road, to drive with care taking into…

…The appellant further submitted that a motor vehicle, being a more lethal weapon than a motorcycle, places a higher duty of care on its driver.…

…The cases cited by the appellant regarding the higher duty of care expected from drivers of more lethal vehicles are persuasive.…

…The likelihood of the harm as a result of breach of the duty of care by the tortfeasor. c.…

…The nature of the social activity or legal duty, is risk creating activity in which the person owed the duty of care was engaged in. [emphasis added] 23.…

…The likelihood of the harm as a result of breach of the duty of care by the tortfeasor. c.…

…The nature of the social activity or legal duty, is risk creating activity in which the person owed the duty of care was engaged in. [emphasis added] 23.…

…apportioning liability in the ratio of 50%:50% yet the testimony and the entire evidence points towards the Appellant being 100% liable for the accident that was solely occasioned by the Respondent herein who had a higher duty…

…of care as compared to the Respondent. ii.…

…To this Court’s mind, the driver owed a greater duty of care as he was in control of a lethal object. 19. Accordingly, this Court finds that the trial court did not err.…

…In determining liability, the learned trial Magistrate rendered himself thus: “The Plaintiff herein is one of the citizens of Kenya and is owed a duty of care by the Defendant herein.…

…Without a doubt, the Appellant, as an electric power supplier, was responsible for the electricity passing through its power lines and had a duty of care to the general public, that was proportionate to the degree of risk…

…That is mandatory under section 97 of the Land Act which provides: - “(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 chargor, any guarantor of the whole or any part of the sums advanced to the chargor, any chargee under a subsequent charge or under a lien to obtain the best price reasonably obtainable at the time of sale…

…According to the Appellant the lack of collision negates negligence because negligence requires a duty of care. 11.…

…That by the contract between the parties, the respondent owed the appellant a duty of care which was breached either deliberately or by negligence.…

…Section 97 of the Land Act provides:- “(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 chargor, any…