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…The documents filed on behalf of the petitioner in response to the application have not shown any admission of liability on behalf of the company. Invoices alone do not prove any indebtedness.…

…As the goods were supplied in 1996 to 1997, the company does not show liability has ever been disputed. In the application and affidavit, they do not show they are prepared to return the goods.…

…On receipt of same, the company through its advocates denied liability and asked for particulars as to how the debt was incurred.…

…The company opposes the petition and liability on the grounds that it never requested for such services. At the hearing, Mr Ngunjiri advanced a number of arguments against the continuation of the petition.…

…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…

…This petition was filed by Trio Holdings Ltd (hereinafter called the Creditor ) on 19th October, 1988 seeking that Magnum International Ltd a limited liability company registered in Kenya under the Companies Act (Cap 486)…

…It is submitted that this petition comes under section 221(1) (iii) as the petitioner was a contingent creditor due to the only and it is only the court that may assess the amount of prospective liability as to its quantum…

…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.”…

…section 26A of the Penal Code, ordered deported under section 43 of this Act, persons whose citizenship has not been established, deportees in transit, and persons denied entry awaiting return and who are not under carrier liability…