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…The Respondent also attributed negligence on the part of the County Government of Nairobi.…

…The concept of negligence has been established for long under common law. There are thousands of precedents that have dened the requirements for the tort of negligence.…

…In Henderson v Henry E Jenkins & Sons [1970] AC 282 at 301 Lord Pearson at letter D stated: “In an action for negligence the plaintiff must allege, and has the burden of proving, that the accident was caused by negligence…

…What sort of negligence could there be in overtaking? There is no evidence to support contributory negligence either.…

…The Appellant submitted that the Respondent based his claim on the tort of negligence but the particulars of the alleged negligence were neither pleaded nor proved.…

…The Appellant further submitted that assuming the Respondent’s claim was based on the tort of negligence, then the particulars of negligence were not set out.…

…He then sets out particulars of negligence, injuries and of special damages.…

…The respondent filed a defence in which she denied that the accident was caused by any act of negligence on her part and in paragraph 4 she stated: “(4) The defendant states that the accident occurred solely as a result of…

…The particulars of negligence as pleaded are: (a)Driving at an excessive speed in the circumstances. (b)Failing to keep any or any proper look out.…

…the respondent called no evidence as regards the actual manner of driving of the appellant's vehicle but relied on the fact of the said conviction as proof of negligence.…

…Extension of limitation period in case of ignorance of material facts in actions for negligence, etc. (1) Section 4(2) does not afford a defence to an action founded on tort where— (a) the action is for damages for negligence…

…, nuisance or breach of duty (whether the duty exists by virtue of a contract or of a written law or independently of a contract or written law); and (b) the damages claimed by the plaintiff for the negligence, nuisance or…

…There the issues arose as to whether there was any contributory negligence by the plaintiff.…

…The plaint contained allegations of negligence against a fellow-worker whose name was given as Peter Nyamai. Particulars of the alleged negligence were given.…

…The appellant received a sum of Shs 38,000 and so a claim on negligence was within his knowledge; the appellant knew he had been injured and that his employer should have supplied facilities for safety.…

…were attributable to that negligence, nuisance or breach of duty, or the extent to which any of those personal injuries were so attributable. (2) For the purpose of sections 27, 28 and 29 of this Act, any of the material…

…Thus, a master is not liable for negligence committed outside the scope of his employment.…

…That disobedience did not absolve the employer from liability, for the employee’s negligence.…

…They maintain that the pleadings having closed, there is a proper joinder of issues for determination, and the Further Amended Plaint succinctly elucidates substantial allegations of statutory breach and negligence against…

…The Respondents have specifically pleaded allegations of breach of statutory duty and negligence against the 5th Defendant regarding its handling of the suit properties during the subsistence of those charges. 15.   …

…The action is for damages for negligence, nuisance or breach of duty (whether the duty exists by virtue of a contract or of a written law or independently of a contract or written law); and b.   …

…The damages claimed by the plaintiff for the negligence, nuisance or breach of duty consist of or include damages in respect of personal injuries of any person; and c.   …

…It was contended that it was outside his knowledge that his injuries were attributable to the other driver’s negligence, and that he did not know the statutory period of limitation.…

…the personal injury so resulting; and (c) the fact that the personal injuries were attributable to the negligence, nuisance or breach of duty or the extent to which they were so attributable.…

…All she appears to say is that even if the explanation were true it would only show negligence on the part of counsel and that the applicant has remedy against counsel for such negligence I do not think that is a proper basis…

…Mr Aboo’s further submission was that the respondent’s cause of action was for damages for negligence or breach of duty (the duty existing by virtue of a contract) and the damages he claimed for the negligence and or breach…

…or any such provision) where the damages by the plaintiff for the negligence, nuisance or breach of duty consist of or include damages in respect of personal injuries to any person.…

…He expressly found that the respondent was not guilty of any contributory negligence.…

…He thus answered in specle the only allegation of negligence which were really particular to this case, as opposed to the generalities to which I have just referred.…

…On the first issue, Counsel submitted that the tort of negligence was squarely established against the Defendants.…

…The 1st and 2nd Defendants vehemently denied negligence, contending that they complied with all NEMA regulations.…

…the plaintiff has discovered the fraud or the mistake or could with reasonable diligence heave discovered it…” Section 27 provides for extension of limitation period in case of ignorance of material facts in actions for negligence…

…That action must be founded on tort and must relate to the torts of negligence, nuisance or breach of duty and claims in respect of personal injuries to the plaintiff as a result of the tort.…

…Extension of limitation period in case of ignorance of material facts in actions for negligence, etc. (1)Section 4(2) does not afford a defence to an action founded on tort where— (a)the action is for damages for negligence…

…a case of negligence outside the 3 year limitation period prescribed in Section 4 of the Limitation of Actions Act. 9.…

…These follow the usual, stereotyped, particulars of negligence which can be obtained from any book on pleadings and civil procedure.…

…He is entitled, and indeed bound, if he is not to be guilty of any contributory negligence, to take reasonable precautions to avoid injury to himself. In Jones v Boyce [1816] 171 ER VOL.…