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…According to the plaintiff, the accident was not caused by the negligence of the driver. The accident was caused by the negligence and/or breach of duty by the defendant the employer.…

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

…The defendants filed a defence in which they denied the negligence allegedly attributed to lst defendant and the particulars of it given in the plaint.…

…In the alternative they averred that the said accident was solely caused or substantially contributed to by the negligence f the plaintiff’s servant and / or agent for which the plaintiff was vicariously liable.…

…There was negligence on the part of the defendants although there has been no evidence to enable me to pinpoint the exact stage at which that negligence occurred as between the time the letter was sent out by the High Court…

…During that period the plaintiff lost the freedom which he should not have lost had there not been the negligence of the defendants.…

…If so, the defendant could have joined the rider as a party to claim contributory negligence and indemnity. However, he has not done so.…

…free education and maintenance (4) Loss of salary as a cadet (5) Maintenance and education by his father Mr Mohamed submits that these are the losses which plaintiff has suffered as a direct consequence of the defendant’s negligence…

…If the appellant was paid compensation by the complainant then this is an indication of negligence on the part of the complainant. The learned senior state counsel (Mr Nyagah) did not seek to support the conviction.…

…He prayed for damages, costs jointly and severally, including loss of earning prospects.2 A joint defence was filed on 15.6.97, on their part the defendants averred that they werenot liable in negligence but that the plaintiff…

…MAHITAI &20 ANOTHER [1969] E.A.71 were cited on apportionment of negligence in situations as this.…

…In his defence, the Defendant did not dispute the occurrence of the accident but averred that it was caused by the negligence of the driver of motor vehicle registration number KAH 293G.…

…plaintiff pleaded that vehicle registration No KPG 866 was at the time of the accident owned by the 1st defendant but was being driven by the 2nd defendant and the plaintiff further averred that the accident occurred due to the negligence…