Case law
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Division and case type: CivilCivil Suit
…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.…
Division and case type: CivilCivil Case
…Accordingly both liability andquantum are issues for determination in this trial. I will beginwith a consideration of the issue of liability. In brief the evidence on behalf of the plaintiff is this.…
…I would apportion liability between the defendant andthe deceased in the proportions of forty (40) per cent and sixty (60) per cent to the disadvantage of the deceased.…
Division and case type: CivilCivil Case
…The denial on behalf of the first defendant on liability advanced through Mr Ohore DW1 cannot withstand the material evidence before the Court. Vicarious liability shall therefore attach on the first defendant.…
Division and case type: CivilCivil Case
…Section 10 (1) of Cap 405 provides as follows: “If, after a policy of insurance has been effected, judgment in respect of any such liability as is required to be covered by a policy under paragraph (b) of section 5 (being…
…a liability covered by the terms of the policy), is obtained against any person insured by the policy, then, notwithstanding that the insurer may be entitled to avoid or cancel or may have avoided or cancelled the policy…
Division and case type: CivilCivil Case
…attachment of a defendant’s property before judgement because as the court of Appeal stated in Kana Kanyoro v Francis Nderu and Others CA 142/87 “It is hardly consistent wi th justice to exact “punished” before the defendant’s liability…
…to execution is established but also because in view of the hardy and time consuming process of the courts, the rights and liabilities of the parties may not be determined for a long time, pos sibly years.”…
Division and case type: CivilCivil Case
…On the other hand Miss Manyasi, the learned counsel for the respondent, submitted that the defence though made up of denials raised a triable issue as the liability for shs 4.2 million was denied.…
Division and case type: CivilCivil Appeal
…In our opinion, there is no legal liability on the respondent to pay any damages beyond this.…
Division and case type: CivilCivil Case
…Originally the defendant instructed Messrs Bryson Inamdar & Bowyer who filed a defence denying liability.…
Division and case type: CivilCivil Appeal
……………………PLAINTIFF VERSUS PANAFRICAN BANK LTD & 2 OTHERS……………….RESPONDENT (Appeal from the High Court at Nairobi, Schofield J) JUDGMENT The plaintiff Bananahill Investment Limited is a limited liability company.…
…Mr Hira’s line of argument is that the respondent was dealing with a limited liability company which executed a mortgage over the property the subject matter of sale.…
Division and case type: CivilCivil Suit
…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…
Division and case type: CivilCivil Case
…That is to say that the issue of liability has been impliedly settled and the only issue which remains for further determination is the quantum of damages if any in respect of lost years.…
Division and case type: CivilCivil Case
…The members of the Chamber pay an entrance and annual subscription fees and upon the dissolution of the Chamber, their liability is limited to 50/-.…
…Upon its dissolution, any assets in excess of the liabilities of this nonprofit making Chamber shall not be distributed amongst its members but shall be given to some other nonprofit making similar institution or to a charity…
Division and case type: CivilCivil Appeal
…travelling in a vehicle insured for commercial use only. 2.The passenger so injured, or the estate of a deceased passenger, as the case may be, gets no right to sue the insurer eventually, under section 10 of Cap 405, as the liability…
Division and case type: CivilCivil Appeal
…Hence the terms of the settlement arranged by Mr Wanjohi should have been pleaded and proved so as to state what the liability of the employer was after the reinstatement.…
…It would seem to us that where liability has been established by a preliminary decree, it is necessary to appeal within proper time against that preliminary decree.…
Division and case type: CivilCivil Case
…The defendant has denied liability contending that it was neither negligent nor guilty of any breach of duty of care as alleged or at all.…
…No absolute liability to insure the personal safety of guest is however imposed on him such as he is under with respect to the safety of their goods, so that if a guest is beaten in an inn the innkeeper is not liable (the…
Division and case type: CivilCivil Appeal
…travelling in a vehicle insured for commercial use only. 2.The passenger so injured, or the estate of a deceased passenger, as the case may be, gets no right to sue the insurer eventually, under section 10 of Cap 405, as the liability…
Division and case type: CivilCivil Appeal
…particular instance, not only the particulars had already been supplied when the order dismissing the plaintiff’s suit was made, the defendant had also filed its defence about three months previously which was merely a denial of liability…
Division and case type: CivilCivil Case
…In summary General damages Pain, Suffering and Loss of Amenities Ksh.200,000/- Future Medical treatment Kshs.450,000 Total Kshs.650,000/- I hereby enter judgment of the plaintiff for General Damages at 100% liability at Kshs…
Division and case type: CivilCivil Case
…A defence was filed by the defendant/respondent through his firm of advocates Mbugua and Mbugua in which liability was actually denied saying that the accident occurred through inevitable circumstances or as an act of God…
Division and case type: CivilCivil Case
…The first defendant East African Televisions Network Limited is a limited liability Company incorporated on 7th August, 1996.…
…The first defendant is a limited liability company whose operations may be compromised by a restraining order.…