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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…

…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…

…Entries in a book of account regularly kept in the course of business are admissible for matters which the court has to inquire but such statements alone are not sufficient evidence to charge a person with liability. 6.…

…of account regularly kept in the course of business are admissible wherever they refer to a matter into which the Court has to inquire, but such statements shall not alone be sufficient evidence to charge any person with liability…