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…It was subject to the directors of The Kenya Alliance Insurance Company Limited admitting liability which plainly means no liability had been admitted at that stage.…

…In the event the respondent denied liability and the only evidential value of that document was the extent of the damage.…

…Thus, the policy of insurance mentioned above insured Pauline W Kimuyu or her agent in respect of any such liability as is required to be covered by section 5 (b) of the Act.…

…However, upon examination and investigation, the appellant repudiated liability under the insurance policy for reasons which were communicated to the insured.…

…Kihara for the respondents argued that as the issue of liability had been determined by consent, there was no necessity of producing letters of administration. With respect, the issue of liability is in respect of tort.…

…The agreement between the parties as regards liability, decided the question of who was to blame and to what extent, for the accident. It was therefore wrong for Mr.…

…Consequently, the second defendant denied vicarious liability. The parties then agreed on a statement of facts, and having called no evidence, put forward their arguments.…

…Securicor has challenged its vicarious liability.…

…This is a suit of vicarious liability and in Launchburry v Morgans [1971] 2 QB 245 at p 253 Lord Denning MR said, the phrase vicarious liability means: “that one person takes the place of another so far as liability is concerned…

…In Broom v Morgan [1953] 1 QB 597, it was suggested that: “the master’s liability for the negligence of his servant is not a vicarious liability but a liability of the master himself owing to his failure to have seen that…

…The plaintiff submitted a claim to be indemnified for the loss and damage arising from the accident but this was rejected by the appellant which disclaimed liability.…

…The appellant entered appearance and also filed a defence denying liability on the grounds:- (a) That at the time of the accident the vehicle was being driven by an unauthorised driver in breach of the policy; (b) that the…

…In tortious liability it is enough for a plaintiff to establish that he act or omissions of the defendant, and in the case of vicarious liability of his servants or agents, created the situation which obliged him to take…

…I would allow the appeal on the issue of liability.…

…The appellant however disputed the nature and value of the respondent’s goods allegedly lost and contended that in any case its liability to compensate the respondent was limited by the Warsaw Convention 1929 and the Hague…

…And by article 4(3) the convention mandatorily requires the carrier to record the number and weight of the luggage: failure to do so disentitles the carrier from availing itself of the limitation of liability provided by…

…The trial magistrate further found that the appellant did not obtain any declaration absolving it from liability under Section 10(4) of Cap 405.…

…However, that policy even assuming that it existed, did not in any way limit the liability of the appellant. 14.…

…There is no appeal before us against liability as judgment on liability was entered by Consent and the suit proceeded only on assessment of damages.…

…There is no appeal before us against liability as judgment on liability was entered by Consent and the suit proceeded only on assessment of damages.…

…He was obviously referring to the issue of liability as he did say, and quite correctly in our view, that the issue of damages should proceed to proof by way of assessment of damages. Mr.…

…there was no denial at all of the allegation of the alleged wrongly dismissal and in any event there was no application made to the judge orally or otherwise to amend the defence, we see no point in letting the issue of liability…

…The defendant’s appeal is against both liability and quantum. The plaintiff’s appeal is against quantum only. We shall deal first with the submissions made by Mr. Jiwaji, for the defendant.…

…The appeal against liability must fail and it is dismissed.…

…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.…

…The only question remaining in my mind as regards liability is what was the true effect of those findings?…

…To that extent only would I allow the appeal as regards liability.…

…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.…

…However, such finding does not absolve the defendant from liability. Besides the speed, the court must consider whether he kept any proper look out or sufficient regard for the pedestrians crossing the road.…

…These grounds are mainly on liability and quantum of damages.…

…The appellant at first filed a defence denying liability to the respondent but when the case came up for hearing before the High Court (Aganyanya, J) on the 20th February, 1989, a consent order was entered and the terms of…

…that order were that judgment on liability was entered for the respondent and four medical reports were put in evidence without calling the doctors who had made them.…

…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…