Search court decisions

…The learned trial magistrate apportioned liability at 50:50. 2. The appellant was dissatisfied with the judgment on liability and filed this appeal through TMJ Advocates LLP.…

…It is trite law that no liability can be apportioned without fault.…

…The learned trial magistrate apportioned liability at 50:50. 2. The appellant was dissatisfied with the judgment on liability and filed this appeal through TMJ Advocates LLP.…

…It is trite law that no liability can be apportioned without fault.…

…The 3rd respondent submits on liability, quantum and costs. 10. There are only 2 issues for determination, on liability and quantum. 11.…

…Where the claim is unliquidated, the settlement of the 2 issues, that is liability and quantum, would be separated, so that liability would be settled upon entry of the interim or interlocutory judgement, to await assessment…

…However, in a purely several liability each tortfeasor is only liable to settle the sum due to the tune of his liability.…

…liability.…

…E186 of 2023 was the test suit on liability wherein the Adjudicator apportioned liability at 80% against the 2nd respondent and 20% against the 1st appellant herein. 10.…

…E186 of 2023 as the test suit, once liability was determined, the parties were bound by that finding on liability. 33.…

…E186 of 2023 was the test suit on liability wherein the Adjudicator apportioned liability at 80% against the 2nd respondent and 20% against the 1st appellant herein. 10.…

…E186 of 2023 as the test suit, once liability was determined, the parties were bound by that finding on liability. 33.…

…E186 of 2023 was the test suit on liability wherein the Adjudicator apportioned liability at 80% against the 2nd respondent and 20% against the 1st appellant herein. 10.…

…E186 of 2023 as the test suit, once liability was determined, the parties were bound by that finding on liability. 33.…

…There are only 2 issues for determination: liability and loss of dependency. 6. The liability issue is fairly straightforward. Interlocutory judgement was entered, on 31st October 2022.…

…A default or interlocutory judgement, in matters of this nature, personal injury, is, in fact, a judgement on liability. It resolves the issue of liability, leaving the issue of damages to be resolved at formal proof.…

…(iii) The Learned Trial Magistrate erred in law and fact by failing to appreciate that liability in negligence and vicarious liability is founded on control and possession, and not mere historical ownership.…

…On the issue of liability , the cross-Appellant submitted that the trial court-imposed liability without proof of negligence and without evidence establishing breach of duty or causation.…

…The Defendant (Appellant) denied liability, contending that the motor vehicle had been sold to a third party, Alice Wairimu Mungai, and that, if any, the liability rested with her.…

…The Appellant failed to establish a control or employment relationship, so vicarious liability was not proven, demonstrating the Court''s thorough evaluation of liability issues.…

…I turn to the issue of liability, which this court finds astonishing.…

…that they reiterate their submissions on liability as made before the lower court.…

…Failing to properly weigh the Plaintiff’s and Defence evidence on a balance of probabilities before determining liability. iii.…

…Whether the Trial Court Erred in Apportioning Liability at 80:20 against the Appellant 23. The trial magistrate in the present case apportioned liability at 80:20 in favour of the appellant.…

…INTRODUCTION The appellant challenges the judgment of the Lower court on both liability and quantum.…

…Respondents counsel has submitted that this appeal is not merited and should be dismissed on both liability and quantum. On liability the respondent has referred the court to the evidence of PW1 , PW2 and PW3.…

…The Appellant contended that liability cannot automatically attach to a hospital for acts of independent consultants and that vicarious liability only arises where an employment relationship exists or where the hospital exercises…

…liability and attributed liability solely on the basis that the treatment occurred within the hospital.…

…The Respondent on the other hand has cross-appealed on the issue of liability only.…

…In that case the plaintiff had not called any evidence to prove liability.…

…Liability was apportioned, equally, between the appellant and the 2nd respondent. General damages were assessed at Kshs. 900,000.00; and specials at Kshs. 3,000.00; plus, costs and interests. 4.…

…In the first place, the appellant, in its defence, did not attribute liability at 100% against the 2nd respondent. In its defence, the appellant blamed the 1st respondent.…

…Karani, Learned Resident Magistrate heard the suit and entered Judgment in favour of the Appellant as follows:- (i) The Respondent to shoulder 80% liability while the Appellant would shoulder 20% liability.…

…Upon considering the evidence on liability, the Trial Resident Magistrate came to the conclusion that the Respondents (Defendants) should bear the larger liability for the accident.…

…The Appellants submitted that in the unlikely event that the court is to find that the Respondent proved liability, the Appellant urged this Court to apportion liability between both parties 30:70 since the appellant had…

…a duty to exercise reasonable care on the road and they ought to shoulder some liability. 14.…

…First, whether the trial court erred in apportioning 70% liability on the Appellant.…

…Our courts have held that in a case where liability is not clear, both parties are to bear liability equally.…