JUDGEMENT OF THE COURT
There is no merit at all in this appeal and it must be dismissed. The appellant’s claim was based on alleged negligence but as the learned trial judge correctly observed the appellant did not plead any particulars of negligence in its plaint. That was expressly contrary to the provisions of Order VI Rule 8 (1) of the Civil Procedure Rules. It is elementary learning that in claims involving allegations of negligence. The particulars of such negligence must be specifically pleaded – see MUKASA v. SINGH AND OTHERS [1969] E. A. 442. It is still the duty of a party alleging negligence to prove the same and a party cannot be allowed to prove that which he has not pleaded.
Furthermore the respondent denied any form of negligence on its part and in turn, alleged negligence against the appellant. The respondent properly pleaded the particulars of such negligence. The appellant wholly failed to traverse by any further pleadings the particulars of negligence alleged in the r…