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…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…

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

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

…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.…

…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…

…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 statute does not make lack of consent an ingredient of the offence where the complainant is under eighteen years, and in that respect the offence is one of strict liability as to age. 16.…

…That authority does not support the proposition that a minor’s perceived maturity can negate criminal liability; rather, it affirms the strict statutory regime established by Parliament.…

…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.…

…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.…

…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.…

…a person of an offence or, on appeal, revision or otherwise, confirms the conviction; and (b)finds, on the facts proven in the case, that the convicted person has, by virtue of the act constituting the offence, a civil liability…

…order the convicted person to pay to the injured party such sum as it considers could justly be recovered as damages in civil proceedings brought by the injured party against the convicted person in respect of the civil liability…

…Further, regarding the individual criminal liability of the 1 st Appellant and the overall conviction, the submissions invoke Section 23 of the Penal Code.…

…The Applicants contend that the trial court failed to distinguish between the liability of the 2 nd Appellant corporation and the personal liability of the 1 st Appellant, who was a director. 8.…

…Criminal liability is personal; vicarious liability does not attach to malicious damage. Further, the State failed to prove ownership of the trees.…

…That since he was acting on instructions of his principal it is his father who should bear the liability.…

…Regarding the Appellants claim that he was acting as an agent to his father the 1st Accused the Respondent submitted that the principle of vicarious liability does not apply to criminal cases and that the Appellant knew that…

…It is his stand that since the evidence is not challenged liability is established.…

…On the assessment of evidence on liability I find that the suit is not contested and in terms of Order 6 rule 9(1) of the Civil Procedure Rules the defendant is deemed to have admitted the allegations of the plaintiff save…

…citing 4 grounds of appeal namely that the learned senior Resident Magistrate erred in law and in fact in failing to find that the plaintiff contributed to the said accident and thereby arrived at an erroneous decision on liability…

…I find that liability was well established as found by the trial magistrate that there is no denial that the respondent was an employee of the appellant and he was injured on duty and was paid workmans compensation.…

…That since he was acting on instructions of his principal it is his father who should bear the liability.…

…Regarding the Appellants claim that he was acting as an agent to his father the 1st Accused the Respondent submitted that the principle of vicarious liability does not apply to criminal cases and that the Appellant knew that…