Case law
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Division and case type: CivilCivil Case
…Accordingly both liability andquantum are issues for determination in this trial. I will beginwith a consideration of the issue of liability. In brief the evidence on behalf of the plaintiff is this.…
…I would apportion liability between the defendant andthe deceased in the proportions of forty (40) per cent and sixty (60) per cent to the disadvantage of the deceased.…
Division and case type: CivilCivil Case
…The denial on behalf of the first defendant on liability advanced through Mr Ohore DW1 cannot withstand the material evidence before the Court. Vicarious liability shall therefore attach on the first defendant.…
Division and case type: CivilCivil Case
…attachment of a defendant’s property before judgement because as the court of Appeal stated in Kana Kanyoro v Francis Nderu and Others CA 142/87 “It is hardly consistent wi th justice to exact “punished” before the defendant’s liability…
…to execution is established but also because in view of the hardy and time consuming process of the courts, the rights and liabilities of the parties may not be determined for a long time, pos sibly years.”…
Division and case type: CivilCivil Case
…Section 10 (1) of Cap 405 provides as follows: “If, after a policy of insurance has been effected, judgment in respect of any such liability as is required to be covered by a policy under paragraph (b) of section 5 (being…
…a liability covered by the terms of the policy), is obtained against any person insured by the policy, then, notwithstanding that the insurer may be entitled to avoid or cancel or may have avoided or cancelled the policy…
Division and case type: CivilCivil Case
…Originally the defendant instructed Messrs Bryson Inamdar & Bowyer who filed a defence denying liability.…
Division and case type: CivilCivil Case
…That is to say that the issue of liability has been impliedly settled and the only issue which remains for further determination is the quantum of damages if any in respect of lost years.…
Division and case type: CivilCivil Case
…The members of the Chamber pay an entrance and annual subscription fees and upon the dissolution of the Chamber, their liability is limited to 50/-.…
…Upon its dissolution, any assets in excess of the liabilities of this nonprofit making Chamber shall not be distributed amongst its members but shall be given to some other nonprofit making similar institution or to a charity…
Division and case type: CivilCivil Case
…The defendant has denied liability contending that it was neither negligent nor guilty of any breach of duty of care as alleged or at all.…
…No absolute liability to insure the personal safety of guest is however imposed on him such as he is under with respect to the safety of their goods, so that if a guest is beaten in an inn the innkeeper is not liable (the…
Division and case type: CivilCivil Case
…In summary General damages Pain, Suffering and Loss of Amenities Ksh.200,000/- Future Medical treatment Kshs.450,000 Total Kshs.650,000/- I hereby enter judgment of the plaintiff for General Damages at 100% liability at Kshs…
Division and case type: CivilCivil Case
…A defence was filed by the defendant/respondent through his firm of advocates Mbugua and Mbugua in which liability was actually denied saying that the accident occurred through inevitable circumstances or as an act of God…
Division and case type: CivilCivil Case
…The first defendant East African Televisions Network Limited is a limited liability Company incorporated on 7th August, 1996.…
…The first defendant is a limited liability company whose operations may be compromised by a restraining order.…
Division and case type: Milimani Commercial CourtsCivil Case
…The plaintiff having established liability in the defendants, I turn to the question of damages.…
…It follows that the plaintiff’s claims for special damages fail entirely either because, in the case of items (i), (ii) and (iv) quantum has not been proved or, in the case of item (ii) liability has not been proved.…
Division and case type: CivilCivil Case
…Each of the two defendants filed their written statements of defence denying their liability to the plaintiff but the court need not narrate these defences because when the suit came up for hearing Mr Juma appearing for both…
…the defendants indicated to the court that the defendants have now admitted liability and that the court should only decide the quantum of general and special damages.…
Division and case type: CivilCivil Case
…Each of the two defendants filed their written statements of defence denying their liability to the plaintiff but the court need not narrate these defences because when the suit came up for hearing Mr Juma appearing for both…
…the defendants indicated to the court that the defendants have now admitted liability and that the court should only decide the quantum of general and special damages.…
Division and case type: CivilCivil Case
…In a defence which was delivered on the 13th of February 1989 the defendant basically denied its liability to the plaintiff as alleged in the plaint.…
Division and case type: CivilCivil Case
…The defendants admit 80% liability and the question I have to decide is one of damages only. At the time of the accident the plaintiff was 42 years of age. He was and still is employed by KPA as a clerk.…
Division and case type: CivilCivil Case
…It is a bank with limited liability and has a registered office in Nairobi. The plaintiff’s claim has been spelled out in a lengthy plaint with a staggering 47 paragraphs.…
…recently been carried out by Bank inspectors into (i) Kshs. 10.5 million fraud at the Market Branch and (ii) the diversion of Kshs. 750,000 due to Pump Maintenance of East Africa Limited, ostensibly to avoid the company’s liability…
Division and case type: CivilCivil Case
…dispute arising out of a settlement or compromise made between the parties arising from a claim made by the plaintiff under the policy. (3) that the compromise was ‘entered into without prejudice and or without admission of liability…
Division and case type: Milimani Commercial CourtsCivil Case
…Liability as between the defendants to proceed to hearing.” The court then proceeded to hearing evidence on how this accident occurred.…
Division and case type: CivilCivil Case
…The defendants have accepted their full liability for the negligence which resulted in the collision and so this case comes to me solely for assessment of damages to be paid to the plaintiff as compensation for the injuries…