Loading
You searched for cases with the following details ; Filter Judge Name : Christine Noontatua Baari.
P.A. Okelo & M.M. Nsereko T/A Kaburu Okelo & Partners V Stella Karimi Kobia & 2 Others [2012] EKLR
|
| Case Number: Civil Appeal 183 of 2003 |
Date Delivered: 13 Jul 2012 |
Judge: Emmanuel Okello O'Kubasu, Philip Nyamu Waki, John walter Onyango Otieno
Court: Court of Appeal at Nairobi
Parties: P.A. Okelo & M.M. Nsereko T/A Kaburu Okelo & Partners v Stella Karimi Kobia, Salama Construction Company Ltd & Joseph Mbugua Kibuywa
Advocates:
Citation: P.A. Okelo & M.M. Nsereko T/A Kaburu Okelo & Partners v Stella Karimi Kobia & 2 others [2012] eKLR
Vicarious liability
Sylvie Nyamunga and Michael M. Murungi
Negligence - Vicarious liability – liability of an employer for the negligence of his employee – who is an employer – test of control over the acts of the negligence Read More..
Issue:
i. What level of control over the negligent acts of person A would lead to a finding that person B, who is directing person A on the doing of those acts, as being held vicariously liable for the negligence?
Held:
1. Vicarious liability arises when the tortious act is done in the scope of or during the course of one’s employment or authority.
2. In all the circumstances, therefore, the driver was a servant of Salama and he drove the vehicle owned by Salama. The test of “control” was improperly applied by the High court when it came to the conclusion that the resident engineer had control of the way in which the act involving negligence was done.
3. The Resident Engineer had the authority and liberty to tell the driver generally where to work and when to work during the pendency of the contract, but certainly he had no control over how the driver would execute his skill as such driver.
4. Vicarious liability for the actions of the driver continued to operate against Salama Construction and there was no basis for dismissing the suit against it.
Appeal allowed, damages to be paid by Salama Construction along with costs in the High Court.
Read More
Frankline Kithinji & 3 Others V Pharis Nyaga Muriithi [2012] EKLR
|
| Case Number: Civil Appeal 77 of 2006 |
Date Delivered: 17 May 2012 |
Judge: Emmanuel Okello O'Kubasu, Kalpana Hasmukhrai Rawal, Martha Karambu Koome
Court: Court of Appeal at Nyeri
Parties: Frankline Kithinji & 3 others v Pharis Nyaga Muriithi
Advocates:
Citation: Frankline Kithinji & 3 others v Pharis Nyaga Muriithi [2012] eKLR
Read More
P.K.K V Republic [2012] EKLR
|
| Case Number: Criminal Appeal 100 of 2011 |
Date Delivered: 19 Apr 2012 |
Judge: Emmanuel Okello O'Kubasu, Kalpana Hasmukhrai Rawal, Joseph Gregory Nyamu
Court: Court of Appeal at Nyeri
Parties: P.K.K v Republic
Advocates:
Citation: P.K.K v Republic [2012] eKLR
Read More
Navinchandra Bharmal Shah V Mukesh Manubhai Patel & 2 Others [2012] EKLR
|
| Case Number: Civil Application 139 of 2011 |
Date Delivered: 28 Mar 2012 |
Judge: Emmanuel Okello O'Kubasu, Alnashir Ramazanali Magan Visram, Hannah Magondi Okwengu
Court: Court of Appeal at Nairobi
Parties: Navinchandra Bharmal Shah v Mukesh Manubhai Patel, Vijay Parsooarma Patel & Prafulchandraw Chandubyai Patel
Advocates:
Citation: Navinchandra Bharmal Shah v Mukesh Manubhai Patel & 2 others [2012] eKLR
Read More
ERI LIMITED V ZAINUL GALIB VELJI [2012] EKLR
|
| Case Number: Civil Application 209 of 2011 |
Date Delivered: 22 Mar 2012 |
Judge: Emmanuel Okello O'Kubasu, John walter Onyango Otieno, Joseph Gregory Nyamu
Court: Court of Appeal at Kisumu
Parties: ERI LIMITED v ZAINUL GALIB VELJI
Advocates:
Citation: ERI LIMITED v ZAINUL GALIB VELJI [2012] eKLR
Read More
Kenya Anti-Corruption Commission V Bhangra Limited & Another [2012] EKLR
|
| Case Number: Civil Appeal 112 of 2008 |
Date Delivered: 16 Mar 2012 |
Judge: Emmanuel Okello O'Kubasu, Alnashir Ramazanali Magan Visram, David Kenani Maraga
Court: Court of Appeal at Mombasa
Parties: Kenya Anti-Corruption Commission v Bhangra Limited & Sammy Silas Komen Mwaita
Advocates:
Citation: Kenya Anti-Corruption Commission v Bhangra Limited & another [2012] eKLR
Read More
Leonard Odindi V Kenya Ports Authority [2012] EKLR
|
| Case Number: Civil Appeal 163 of 2007 |
Date Delivered: 16 Mar 2012 |
Judge: Emmanuel Okello O'Kubasu, Martha Karambu Koome, Hannah Magondi Okwengu
Court: Court of Appeal at Malindi
Parties: Leonard Odindi v Kenya Ports Authority
Advocates:
Citation: Leonard Odindi v Kenya Ports Authority [2012] eKLR
Read More
Mombasa Technical Training Institute V Agnes Nyevu Charo & Others [2012] EKLR
|
| Case Number: Civil Application 208 of 2010 |
Date Delivered: 16 Mar 2012 |
Judge: Emmanuel Okello O'Kubasu, David Kenani Maraga, Hannah Magondi Okwengu
Court: Court of Appeal at Malindi
Parties: Mombasa Technical Training Institute v Agnes Nyevu Charo,Commissioner of Lands, Registrar of Titles & Others
Advocates:
Citation: Mombasa Technical Training Institute v Agnes Nyevu Charo & others [2012] eKLR
Read More
Jeffa Mohamed Charo V Republic [2012] EKLR
|
| Case Number: Criminal Appeal 331 of 2010 |
Date Delivered: 15 Mar 2012 |
Judge: Emmanuel Okello O'Kubasu, David Kenani Maraga, Martha Karambu Koome
Court: Court of Appeal at Malindi
Parties: Jeffa Mohamed Charo v Republic
Advocates:
Citation: Jeffa Mohamed Charo v Republic [2012] eKLR
Read More
Kenya Agricultural Research Institute (KARI) V Carol Construction CO. Ltd [2012] EKLR
|
| Case Number: Civil Application 215 of 2010 |
Date Delivered: 24 Feb 2012 |
Judge: Emmanuel Okello O'Kubasu, Roselyn Naliaka Nambuye, Hannah Magondi Okwengu
Court: Court of Appeal at Nakuru
Parties: Kenya Agricultural Research Institute (KARI) v Carol Construction CO. Ltd
Advocates:
Citation: Kenya Agricultural Research Institute (KARI) v Carol Construction CO. Ltd [2012] eKLR
Read More
Please Wait. Searching ...
