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…Thus, the policy of insurance mentioned above insured Pauline W Kimuyu or her agent in respect of any such liability as is required to be covered by section 5 (b) of the Act.…

…However, upon examination and investigation, the appellant repudiated liability under the insurance policy for reasons which were communicated to the insured.…

…Kihara for the respondents argued that as the issue of liability had been determined by consent, there was no necessity of producing letters of administration. 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. It was therefore wrong for Mr.…

…Consequently, the second defendant denied vicarious liability. The parties then agreed on a statement of facts, and having called no evidence, put forward their arguments.…

…Securicor has challenged its vicarious liability.…

…Liability is denied by the defendants who, however. did not turn up to testify in the matter.…

…In this regard it is pertinent that I refer to s 107 (1) and (2) which provide as follows: 107 (1) Whoever desires any Court to give judgment as to any legal right or liability dependent on the existence of facts which he…

…It is the averred in the pliantiff’s affidavit (para 8) that the defendant never questioned any of those statements of account or his liability for the amount shown on the statements.…

…or to recover from the plaintiff by way of a counterclaim, a sum of money which does not readily reduce the liability of the defendant to the plaintiff, does not entitle the defendant prevent the plaintiff from obtaining…

…He did not seem to seriously contend his client’s liability under the Transfer of the charge, but submitted that Ex A operated as an effective and valid discharge of the loan.…

…It lacks any details as to which liability was discharged. It has no details about the subject matter showing that it does appertain to the transactions in question. The company might have had several ….…

…Anyway she decided to check into a 5-star hotel and incurred a liability when from her own admission she had no intention of personally settling the account right from the beginning.…

…Mr Ojiambo who appears for Hilton has submitted before me that as the liability was incurred by the plaintiff and remains unsettled to this day Hilton is entitled to retain the jewellery until the bill is paid.…

…This is a suit of vicarious liability and in Launchburry v Morgans [1971] 2 QB 245 at p 253 Lord Denning MR said, the phrase vicarious liability means: “that one person takes the place of another so far as liability is concerned…

…In Broom v Morgan [1953] 1 QB 597, it was suggested that: “the master’s liability for the negligence of his servant is not a vicarious liability but a liability of the master himself owing to his failure to have seen that…

…The defendant is a limited liability company carrying on the business of insurance brokers.…

…The reinsurers refused to pay the underwriters and repudiated liability.…

…The plaintiff submitted a claim to be indemnified for the loss and damage arising from the accident but this was rejected by the appellant which disclaimed liability.…

…The appellant entered appearance and also filed a defence denying liability on the grounds:- (a) That at the time of the accident the vehicle was being driven by an unauthorised driver in breach of the policy; (b) that the…

…In tortious liability it is enough for a plaintiff to establish that he act or omissions of the defendant, and in the case of vicarious liability of his servants or agents, created the situation which obliged him to take…

…I would allow the appeal on the issue of liability.…

…At first the Defendant denied liability for the negligence but on the 30th October, 1991, the parties agreed that the Plaintiff was himself 10% negligent while the Defendant was 90% negligent.…

…Liability was accordingly agree on those terms and I do not have to deal with the issue of liability. Special damages were also agreed at Shs.1,150/-. What general damages should I award to the Plaintiff?…

…The appellant however disputed the nature and value of the respondent’s goods allegedly lost and contended that in any case its liability to compensate the respondent was limited by the Warsaw Convention 1929 and the Hague…

…And by article 4(3) the convention mandatorily requires the carrier to record the number and weight of the luggage: failure to do so disentitles the carrier from availing itself of the limitation of liability provided by…

…The trial magistrate further found that the appellant did not obtain any declaration absolving it from liability under Section 10(4) of Cap 405.…

…However, that policy even assuming that it existed, did not in any way limit the liability of the appellant. 14.…

…There is no appeal before us against liability as judgment on liability was entered by Consent and the suit proceeded only on assessment of damages.…

…There is no appeal before us against liability as judgment on liability was entered by Consent and the suit proceeded only on assessment of damages.…

…Liability 32. Having proved the fact of the accident and the demise of the Deceased as a result thereof, the next issue for determination would be the question of liability. 33.…

…On vicarious liability the Court of Appeal in the case of Tabitha Nduhi Kinyua v Francis Mutua Mbuvi & another [2014] eKLR stated as follows:- “The principle of vicarious liability is an anomaly in our law because it imposes…

…I think that such a waiver would not legally impose liability on defendant to refund the deposit contrary to the terms of the agreement of 20.11.85.…

…There would therefore be no liability against the defendant on the basis of pleadings.…

…having been found to be mere smokescreen defence and averments, they were struck out as shown and intended merely to postpone the inevitable pay-day, and as being an abuse of the process of the court; whereupon judgment on liability…

…Following that finding of liability, the plaintiff set down the case for assessment of damages. This judgment is in that respectively.…