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…The reinsurers claim in contract against the brokers failed but their claim in tort succeeded.…

…E.R. 575 and the many cases which followed it, to support the defendant’s liability in tort.…

…The Tort of malicious or negligent abuse of power is as one writer puts it still A nascent tort. Each Tort is different and since the matter is one of policy, each can be decided in a different way from the next one.…

…First that the owners drivercommitted a tort, in the present case, a tort of negligence. Secondly, he mustprove that the driver was owners servant or agent.…

…Two matters must be established before the tort of malicious prosecution can be sustained.…

…In the above circumstances I am not satisfied that the tort of malicious prosecution has been proved.…

…The suit is based in tort for demolition and damages caused which I find in evidence and the admission contained in the memo and other correspondence put in as exhibits that both defendants are liable.…

…It is a decision therefore, which must command the highest respect in any country which has adopted the English Law of Tort.” Summarising the effect of Rookes V Barnard Spray VP stated at P 94.…

…On January 8, 1976, fourteen days before the expiration of the statutory period within which to bring an action for tort, a plaint was filed on her behalf claiming damages from the owner of the bus and also from J H Minet…

…As more than three years had lapsed since the accident she was entitled to avail of section 4 (2) of the Limitation of Actions Act (cap 22): “An action founded on tort may not be brought after the end of three years from…

…This tort is a violation of the right of possession and M'Mbijiwe must prove he, and not M'Mukanya and Nyamu, had the right to immediate and exclusive possession ok it which is different from ownership.…

…Salmond on the Law of Torts, 1977, 17th edition, 47. The later division of it into 4 or 5 smaller ones and the allocation of the smaller 58 to M’Mukanya and Nyamu was irregular and of no effect.…

…There are thousands of precedents that have dened the requirements for the tort of negligence.…

…Furthermore, Section 100 of the Energy Act, 2019 recognizes that licensees can be liable under tort or contract. 17.…

…For these torts he claimed both special and general damages. In paragraph 3 of the defence the first defendant admitted that the second defendant was the agent of the first defendant but denied the alleged torts.…

…Indeed, no tort is alleged that has not been alleged in paragraph 6 of the plaint, and the attempt to present a claim for wrongful arrest, false imprisonment and malicious prosecution as also a claim for defamation must be…

…Section 4(2) of the Act provides: “An action founded on tort may not be brought after the end of three years from the date on which the cause of action accrued.” This is the limitation provision.…

…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…

…This is provided for under section 3 (1) of the Public Authorities Limitation Act (chapter 39) which states: “3 (1) No proceedings founded on tort shall be brought against the Government or a local authority after the end…

…The appellant being the next friend of the deceased boy should have brought action in tort within twelve months and three years respectively for negligence on the part of the owners of the school jointly with their contractor…

…Furthermore a third party who makes claims against a tort-feasor is not a member of "the insuring public".…

…I find Lord Scarman’s words, in Rose v Plenty [1976] 1 WLR 141 at page 147, quite persuasive as to the basis on which an employer is held liable for his employee’s tort.…

…That decision is in line with an extract from Salmond on Torts, 13th edition at page 133 which reads: “The master is exempt only when the servant was exclusively on his own business.”…

…on grounds that there was lack of good faith that the proposed amendments were useless; that omission to quantify earlier was not curable; that limitation had set in. that is, no amendment to include special damages for tort…

…So the issue of general damages for the tort of inducing a breach of the contract does not fall to be decided any more.…

…It is accepted that in an action for malicious prosecution the plaintiff cannot succeed unless he establishes the following essential ingredients of the tort known as malicious prosecution.…

…(see Salmond on the Law of Torts 16th Edition, page 423) The plaintiff gave evidence on his own behalf and did not call any other witness.…

…It is neither contract nor Tort. It is in actual fact simply a claim under the provisions of the constitution. It cannot be categorized with those wrongs and claims limited under Cap 22.…

…With respect, the issue of liability is in respect of tort. The agreement between the parties as regards liability, decided the question of who was to blame and to what extent, for the accident.…

…administration of penal justice and the principle that a party blameable in part for any damage or injury he sustained, should receive diminished compensation, underlies the learning relating to contributory negligence in the law of tort…

…The award of shs.60,000/- for loss of user was quite plainly erroneous as there was no provision in the policy for this kind of loss and secondly, because the appellant was not the tort-feasor or the employer of the person…