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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.…

…Anyway she decided to check into a 5-star hotel and incurred a liability when from her own admission she had no intention of personally settling the account right from the beginning.…

…Mr Ojiambo who appears for Hilton has submitted before me that as the liability was incurred by the plaintiff and remains unsettled to this day Hilton is entitled to retain the jewellery until the bill is paid.…

…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…

…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.…

…If successful, the assessment of damages would fall away, and the suit would be heard fully, and damages assessed as part of the proceedings, on the basis of such liability found, if any.…

…On the other hand, it was open to the defendant company to wait until judgment was complete, and appeal from both the finding of liability and the damages assessed.…

…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.…

…The question of res IPSaLoquitus also arose in the case of Msuri Muhiddin v Nazzar Bin Saif (1960) E A 201 and there the question of what the defendant should do in order to avoid liability on a presumption of negligence…

…Sir Alistain Forbes V. – as he then was – said at page 207:- “In light of the dicta set out I accept (counsel for the respondents) proposition that the respondents can avoid liability if they can show either that there was…

…I think that such a waiver would not legally impose liability on defendant to refund the deposit contrary to the terms of the agreement of 20.11.85.…

…There would therefore be no liability against the defendant on the basis of pleadings.…

…having been found to be mere smokescreen defence and averments, they were struck out as shown and intended merely to postpone the inevitable pay-day, and as being an abuse of the process of the court; whereupon judgment on liability…

…Following that finding of liability, the plaintiff set down the case for assessment of damages. This judgment is in that respectively.…

…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…

…having been found to be mere smokescreen defence and averments, they were struck out as shown and intended merely to postpone the inevitable pay-day, and as being an abuse of the process of the court; whereupon judgment on liability…

…Following that finding of liability, the plaintiff set down the case for assessment of damages. This judgment is in that respectively.…

…In CivilApplication NO. 1871/85 in which Dugdale J. held inter alia: "The biggest problem in this case is that of vicarious liability.…

…Thereforevicarious liability cannot be attributed to the defendant and the claim mustfail". Mr.…

…It is his stand that since the evidence is not challenged liability is established.…

…On the assessment of evidence on liability I find that the suit is not contested and in terms of Order 6 rule 9(1) of the Civil Procedure Rules the defendant is deemed to have admitted the allegations of the plaintiff save…

…I find that the evidence before me that liability has been admitted by the defendants at 85%. None of the parties mentioned whether the defendants No. 2 and 3 were prosecuted as stated in the plaint.…

…I hereby enter judgement for the plaintiff against the defendant on liability at the ratio of 15.85% as agreed by the parties.…

…The degree of liability was assessed at 65%. In this case the disability was not included by the doctor. In a summary:- I hereby enter judgement of the plaintiff on 100% liability against the defendants.…