Case law
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Division and case type: CivilCase number Civil Application
…If successful, the assessment of damages would fall away, and the suit would be heard fully, and damages assessed as part of the proceedings, on the basis of such liability found, if any.…
…On the other hand, it was open to the defendant company to wait until judgment was complete, and appeal from both the finding of liability and the damages assessed.…
Division and case type: Milimani Commercial CourtsCase number Civil Application
…At the time the defendant returned the fungicide to Afrocox their contractual liability was to the plaintiff and they had ceased to have any contractual relationship with Ashford, and it follows with Ashford’s agent Afrocox…
…The defendant is liable to the plaintiff under the contract entered into verbally on August 13, 1985 and confirmed in writing two days later, whatever the rights and liabilities as between the defendant, Afrocox and Ashford…
Division and case type: CivilCase number Civil Application
…Mr Magugu also deponed that he had not procured the finances and that he had also consulted a qualified quantity surveyor who advised him that his liability and that of Inns Ltd could not exceed Kshs 14m.…