Case law
Search tips: "exact phrase" · -exclude · land | property · negligen* · citations like [2023] KEHC 123
Division and case type: CivilCivil Appeal
…Mr Kassim also submitted that whereas in England the limitation period is six years both in contract and in tort, in Kenya that is not so. The period is six years for contract and three for tort.…
…on tort where...” and the respective paragraphs are then set out.…
Division and case type: CivilCivil Suit
…purported to deny that the defendant was criminally responsible for the plaintiff being maimed, but I take it that such denial is intended to and does not include any civil liability,” an assault being a crime as well as a tort…
…If it is unintentional it may yet be negligent (as distinct from the tort of negligence) or it may be pure accident or misadventure.…
Division and case type: CivilCivil Appeal
…There can be no doubt that a wrongful taking of another person’s goods constitutes the tort of conversion.…
…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 is sufficient for the tort…
Division and case type: CivilCivil Appeal
…Sub-section (1) and (2) of Section 27 of the Act provide, 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 appellant’s action founded on tort had therefore to be brought after the end of three years from the time the appellant could sue the Respondents i.e from 2nd January 1977.…