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

…It preceded the defence which makes total denial of liability. There is however an express admission of the debt in the letter save for interest charged and there is a proposal for payment by specied instalments.…

…The question of res IPSaLoquitus also arose in the case of Msuri Muhiddin v Nazzar Bin Saif (1960) E A 201 and there the question of what the defendant should do in order to avoid liability on a presumption of negligence…

…Sir Alistain Forbes V. – as he then was – said at page 207:- “In light of the dicta set out I accept (counsel for the respondents) proposition that the respondents can avoid liability if they can show either that there was…

…The Respondent stated that the claimant had failed to prove liability on the Respondent as there was no eye witness who was called upon to support the assertions by the claimant.…

…cases of Bwire v Wayo & Sailoki (Civil Appeal 032 of 2021 and Wycliff Nyongesa v Etyang Imonyaro & AG (2004) eKLR to submit that on the account that the Claimant did not bring an eye witness, the Claimant failed to prove liability…

…Paragraph 7 states:- "Despite written demand having been made andnotice of intention to sue having been given,the Defendant has failed to admit liability orto pay damages to the Plaintiff."…

…The Plaintiff never mentioned such notice nor did he produce such documents by way of letters or notices written to the Defendant that they were requested to admit liability or be sued.…

…I note that the defence purported to deny that the defendant was criminally responsible for the plaintiff being maimed, but I take it that such denial is intended to and does not include any civil liability,” an assault being…

…All these matters, I regret to say, are so unsatisfactory, that it leads me to the conclusion that if the judge had correctly directed himself he would inevitably have reached a different finding on liability from that to…

…After considering the evidence offered I find that the liability is on 100% basis. There being no contradictory evidence on loss of expectation of life the deceased was 51 at time of death and was due to retire at 55.…

…The defendant appeared and have filed a written statement of defence denying liability.…

…In a defence filed in this Court on 9th November, 1989 the defendant denied liability and counter-claimed that the plaintiff do pay Kshs 103,624.45 being the balance of the sum due and owing and in connection with the chattel…

…Historic Common Law doctrines restricting the liability of the crown or its amenability to suit cannot stand in the way of effective protection of fundamental rights.”…