Case law
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Division and case type: Milimani Commercial CourtsCivil Case
…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 ….…
Division and case type: CivilCivil Case
…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.…
Division and case type: CivilCivil Case
…The defendant is a limited liability company carrying on the business of insurance brokers.…
…The reinsurers refused to pay the underwriters and repudiated liability.…
Division and case type: CivilCivil Case
…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.…
Division and case type: CivilCivil Case
…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.…
Division and case type: CivilCivil Case
…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.…
Division and case type: CivilCivil Case
…In CivilApplication NO. 1871/85 in which Dugdale J. held inter alia: "The biggest problem in this case is that of vicarious liability.…
…Thereforevicarious liability cannot be attributed to the defendant and the claim mustfail". Mr.…
Division and case type: CivilCivil Case
…I find that the evidence before me that liability has been admitted by the defendants at 85%. None of the parties mentioned whether the defendants No. 2 and 3 were prosecuted as stated in the plaint.…
…I hereby enter judgement for the plaintiff against the defendant on liability at the ratio of 15.85% as agreed by the parties.…
Division and case type: CivilCivil Case
…The degree of liability was assessed at 65%. In this case the disability was not included by the doctor. In a summary:- I hereby enter judgement of the plaintiff on 100% liability against the defendants.…
Division and case type: CivilCivil Case
….…………….PLAINTIFF VERSUS MIUGU GENERAL TRANSPORT CO LTD………………DEFENDANT JUDGMENT The plaintiff herein Chinga Tea Factory Company Ltd, a limited liability company, sued the defendant, Miugu General Transport Company Ltd, also…
…a limited liability company, for loss and damage caused to their consignment of 240 chests of tea which the defendant was transporting from the plaintiff’s factory at Chinga along the Murang’a/Chinga road for delivery to…
Division and case type: Milimani Commercial CourtsCivil Case
…Its liability is only vicarious. The firm incur liability only if judgment is recovered against the tortbearer.…
…If he is absolved from liability, the firm’s contingent liability goes with it. If he is held liable on the principle of “respondent superior”.…
Division and case type: CivilCivil Case
…On the other hand Miss Manyasi, the learned counsel for the respondent, submitted that the defence though made up of denials raised a triable issue as the liability for shs 4.2 million was denied.…
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
…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
…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
…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.…