Case law
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Division and case type: High Court Civil Appellate DivisionCivil Appeal
…She averred that there was no admission of liability by the respondent and that the process was undertaken for ascertaining the validity of the demand payment in line with the standard operating procedures underpinning the…
…The email correspondence dated 8/08/2020 was unequivocal that it was not and did not constitute an admission of liability and was privileged.…
Division and case type: CivilCivil Appeal
…Please let us have your admission of liability so that the issue of quantum of damages may then be gone into. We are copying this letter to your insurers who may respondent on your behalf.…
…Clearly this letter sought admission of liability by the insured, Pauline W Kimuyu, and was only copied to the appellant just in case the latter elected to respond on her behalf.…
Division and case type: Constitutional and Human RightsPetition
…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.…
Division and case type: CivilCivil Appeal
…Kihara to take it for granted that merely by the admission of liability the tortfeasor (the appellant) was conceding to the claim under The Law Reform Act in the absence of timely letters of administration.…
Division and case type: CivilCivil Appeal
…In my judgment therefore that document was not a legal discharge and there was no admission of liability on the part of the respondent at any time.…
Division and case type: High Court DivCivil Appeal
…Even if the letter were admitted in evidence, it is not an unequivocal admission of liability that would obviate the need for a trial. The letter is a proposal for an instalment payment plan.…
Division and case type: High Court DivCivil Appeal
…The Learned Trial Magistrate erred in law and fact by finding the 2nd Appellant was 100% liable for the accident despite the Respondent's admission of liability.…
…The Learned Trial Magistrate erred in law and fact by dismissing the Appellants' counterclaim which had solid grounds and was supported by the Respondent's admission of liability.…
Division and case type: High Court DivCivil Appeal
…In my opinion, cheques issued and dishonoured in 2018 cannot be treated as admission of liability in respect of statement which starts in January 2019 without supporting documents or evidence.…
Division and case type: High Court DivCivil Appeal
…In my opinion, cheques issued and dishonoured in 2018 cannot be treated as admission of liability in respect of statement which starts in January 2019 without supporting documents or evidence.…
Division and case type: High Court DivCivil Appeal
…This letter in my understanding does not constitute an admission of liability by any stretch of imagination. An admission is clear, plain and without any ambiguity.…
Division and case type: High Court CivilCivil Appeal
…Outright Admittance of Liability by the Respondent: The Appellant asserts that the trial court ignored an open admission of liability by the Respondent’s driver ( RW1 ).…
Division and case type: High Court DivCivil Appeal
…In addressing ground 7 of the Memorandum of Appeal, the Appellant submits that the trial Magistrate placed undue emphasis on a payment of Kshs 30,000 made to the Respondent, interpreting it as an admission of liability.…
Division and case type: High Court DivCivil Appeal
…The Respondent’s plea of guilty was in respect of the charge of affray (fighting in public), and not assault, and hence the Appellant cannot cling to it as an admission of liability on the part of the Respondent.…
Division and case type: High Court CivilCivil Appeal
…It is inconceivable that the court would have allowed a plaintiff, who had secured interim payments and an admission of liability by proceeding in the English court, to discontinue his action in order to improve his chances…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…It revolves around the dismissal of the counterclaim without assigning reasons, and despite adequate evidence having been adduced to support it; ignoring admission of liability and proof of indebtedness by the appellant;…
Division and case type: High Court DivCivil Appeal
…The Respondent further submitted that the Appellant’s testimony during trial amounted to an admission of liability.…
Division and case type: High Court DivCivil Appeal
…statutory notice dated 21st April 2021 and a response dated 22 nd April 2021 by the respondent was addressed to the appellant, vide which the respondent stated that the acknowledgment of receipt should not be construed as an admission…
…of liability on the part of their insured. 27.…
Division and case type: High Court DivCivil Appeal
…The Appellant submitted this amounted to an admission of liability and that the bills were never disputed. 30.…
Division and case type: High Court CivilCivil Appeal
…Totalling Kshs. 4,025,476.77 Demand letter by the plaintiff for return of materials taken by the defendant and admission of liability.…
Division and case type: High Court CivilCivil Appeal
…electronic evidence pursuant to section 106B of the Evidence Act, Cap. 80, was attached and/or filed in court; (2) in finding that the WhatsApp messages amounted to an admission of debt; (3) in holding that there was an express admission…
…of liability by the appellant when there was none; (4) in finding that the defence filed was scandalous, frivolous and/or vexatious; and (5) by shifting the burden of proof from the respondent to the appellant. 12.…