Search court decisions

…In the threeparagraph defence, the Defendant denied any negligence as alleged in the plaint and put the Plaintiff to the strick proof of her allegations.…

…Paragraph 4 alleges negligence on the part of the Defendant’s servant/agent and sets out the particulars of the alleged negligence.…

……………DEFENDANT JUDGMENT The plaintiff filed this suit on 25/10/83 to recover damages for injuries she sustained in a road accident allegedly due to the defendant’s negligence.…

…Those circumstances give rise to the inference of negligence.…

…At the hearing of the suit the Plaintiff’s witnesses adduced evidence to the effect that c. the accident was due to the negligence of the 1st defendant who was the 2nd defendant’s servant. They were duly cross-examined.…

…The burden of proving that there was no negligence on the part of the driver was clearly his.…

…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.…

…The plaintiff pleads that the accident was caused by negligence of the tractor driver, or matatu driver or the negligence of both drivers and has set out the acts of negligence of each of the two drivers in para 7 of the…

…The owner and driver of the matatu on the other hand, in their amended defence deny negligence and attribute the accident to the negligence of the owner and driver of the tractor.…

…In the final analysis I hold the plaintiff’s injuries resulted from the negligence of the contractors (or the plaintiff’s employers) who were responsible for the excavation of the pit.…

…The Plaintiff’s negligence? I have to direct myself as to possible contributory negligence on the part of the plaintiff.…

…He brought this action against the Defendant claiming that the Defendant was negligent and that it was such negligence which occasioned the accident.…

…At first the Defendant denied liability for the negligence but on the 30th October, 1991, the parties agreed that the Plaintiff was himself 10% negligent while the Defendant was 90% negligent.…

…seeking damages both special and general for injuries sustained in an accident while at his place of work with the defendant and which accident occurred as a result of the breach of contract and duty to him and also due to negligence…

…denying the allegations in the plaint, denied that there was breach of duty or contract between them, denied that an accident occurred as alleged, that if any accident occurred which is denied then the same was occasioned by negligence…

…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.…

…He said that although the delay was caused by an oversight on the part of the managing director of the appellant, this was not synonymous with deliberate negligence on his part.…

…That this act amounted to negligence on his part to warrant the dismissal of the application to set aside ex-parte judgment.…

…Issue No.3: Was the break-in and theft caused due to breachof agreement and/or negligence on the part of the Defendant'ssecurity guards as alleged in paragraph 5 of the Plaint?…

…The issue of negligence ought to be proved and established.This was not. "This case has been very poorly made out."…

…conflicting contentions of both sides, the learned judge delivered himself as follows: “Having already analysed the material events which culminated in the sale of the vehicle it is clear that the person who would be guilty of negligence…

…The total award of Shs 168,770/= is then reduced to Shs 135,016/= on account of the plaintiff 20% contributory negligence.…

…the contract between the plaintiff and first defendant, the latter finally claims that there was a condition exempting the defendant from liability for any loss or damage of any kind resulting wholly or partly from the negligence…

…the contract between the first defendant and second defendant was admitted with the object no doubt of showing that the second defendant was the agent or servant of the first defendant, the exemption clause covered any negligence…

…The doctrine that if the plaintiff's act was the proximate cause of the damage the plaintiff can not recover is well established.Would this accident have not occured but for the negligence of the plaintiff?…

…In the defence statement the particulars of the defendant’s negligence as listed in the plaint are categorically denied.…

…The defendants have accepted their full liability for the negligence which resulted in the collision and so this case comes to me solely for assessment of damages to be paid to the plaintiff as compensation for the injuries…

…Was the accident caused due to the negligence and/or carelessness of the plaintiff or the defendants? 3. Was the plaintiff’s trailer plus tanker thereon extensively damaged after the accident? 4.…

…Was the accident caused due to the negligence and/or carelessness of the plaintiff or the defendants? 3. Was the plaintiff’s trailer plus tanker thereon extensively damaged after the accident? 4.…