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…“Without Prejudice” meant without admission of liability but here there was express admission of liability and a proposal for payment.…

…Sachania(1982) KLR 191 – The judge’s discretion to grant judgment on admission of fact under the order is to be exercised only in plain cases where the admissions of fact are so clear and unequivocal that they amount to an admission…

…of liability entitling the plaintiff to judgment’’.” 10.…

…it is a 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.’…

…In Cassam v Sachania [1982] KLR 191 it was held that the discretion is to be exercised only in plain cases where the admissions of fact are so clear and unequivocal that they amount to an admission of liability entitling…

…There could not have been a consent judgment if there was no admission of liability. What the defendants really are disputing is the claim for general damages and exemplary damages.…

…Sachania (1982) KLR 191 – “The judge’s discretion to grant judgment on admission of fact under the order is to be exercised only in plain cases where the admissions of fact are so clear and unequivocal that they amount to an admission…

…of liability entitling the plaintiff to judgment.” 14.…

…On the question whether a triable defence exists here, it is the Respondent’s submission that the Applicant’s draft defence constitutes denials in certain instances, and amounts to an admission of liability in other instances…

…However, in the letter of 31.7.2012, the plaintiffs admit that the claim was computed at Ksh.393,162 but went ahead to state that; “We have been instructed to demand from yourselves, which we hereby do, admission of liability…

…The Judge’s discretion to grant judgment on admissions of facts under the Order is to be exercised only in plain cases where the admissions of fact are so clear and unequivocal that they amount to an admission of liability…

…It was submitted that the failure by the 1 st defendant to testify amounted to an admission of liability.…

…Counsel submitted that the evidential burden lies squarely on the plaintiff and additionally, that the defendant''s failure to participate in the hearing is not an admission of liability.…