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…In my judgment, therefore, the issue of liability was already settled ( in favour of the plaintiff of course) by the time the judge embarked on the task of assessment of damages.…

…The plaintiff’s suit could not be dismissed as liability had been admitted. No injustice would have been occasioned to either party if the judge had proceeded along the lines I have suggested.…

…By the agreement of the parties, the learned judge was required to determine the liability, the quantum having been agreed. After the trial, the learned judge dismissed the plaintiff’s claim, hence this appeal.…

…The particulars of negligence contained in the plaint were denied by the written statement of defence and the suit went onto trial on the issue of liability as the learned counsel agreed on quantum of damages.…

…Mr Magugu also deponed that he had not procured the finances and that he had also consulted a qualified quantity surveyor who advised him that his liability and that of Inns Ltd could not exceed Kshs 14m.…

…Either interlocutory judgment has been entered and damages remain to be assessed, or there is an ex parte hearing of all the issues on liability and damages.…

…Admiralty Law - goods supplied to a third party stored in a vessel – liability of goods supplied to a third party stored in a vessel - whether vessel owner incurs liability for the price of the goods – English Supreme Court…

…Whether a vessel owner incurred liability for the price of the goods supplied to a third party stored in the vessel. iii. What was the consequence of non-disclosure of facts in an application for ex parte injunctions.…