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…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.…

…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.…

…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.…

…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.…

…The learned trial judge found that the accident was caused by the negligence of DW 1 and there is no appeal against liability.…

…The appellant sued his employer, Coastal Bottlers Limited, the respondent, for damages for his injuries incurred in an accident at their premises which he claimed were the consequence of its negligence and or breach of contract…

…The appellant sued his employer, Coastal Bottlers Limited, the respondent, for damages for his injuries incurred in an accident at their premises which he claimed were the consequence of its negligence and or breach of contract…