Search court decisions

…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.…

…In it he denied that he was guilty of negligence as alleged.…

…the appeal, that contributory negligence had to be specifically pleaded by way of defence to a plaintiff’s claim of negligence; that, since there had been no such plea, the judge had erred in law in finding that the plaintiff…

…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…

…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.…

…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.…

…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.…

…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.…

…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.…

…Strangely enough, counsel for the respondent submitted that there was no negligence on the part of the Club.…

…The defendant’s failure to supply a helmet after evidence of the previous incident of attack is an act of continued negligence.…

…On account of this, he held him liable in negligence.…

…In holding the appellant liable in negligence, the learned judge did not, in the circumstances of this accident, even consider what course of action he (appellant) would have taken to ascertain that it did not occur.…

…The accident was therefore attributed to negligence on the part of the defendant’s driver.…

…A defence was delivered on behalf on the defendant admitting the occurrence of the accident and the death of the deceased but alleging that the said accident was caused by negligence on the part of the deceased.…

…There is an exception to this section in section 27 which provides: Section 27 (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 breach of duty consist…

…There is an allegation of negligence and collusion. The amount involved is collosal and the status quo should be maintained.…

…That sounded strange from a party accusing a bank of fraud and negligence. But it is of a piece with the amended plaint.…

…The appellant sued the respondent, Falcon Guards Limited, in the superior court claiming Shs.219,575.00 being a loss allegedly suffered by the appellant due to the respondent's employees' negligence in failing to prevent…

…But, due to rampant inefficiency, negligence, dishonesty, lack of diligence and general disregard for professional ethics on the part of the majority of the advocates in this country, the Rules are abhorred.…

…In the instant case Mr Onyinkwa has submitted that negligence, in the sense that the instigator or the broker failed to check up and take ordinary precautions to ensure that the item attached was that of the debtor of loanee…

…In my judgment in the instant case there was extreme and actionable negligence exhibited by the AFC in ordering the seizure of the vehicle KLR 903, which did not belong to its loanee.…