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…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…

…Its liability is only vicarious. The firm incur liability only if judgment is recovered against the tortbearer.…

…If he is absolved from liability, the firm’s contingent liability goes with it. If he is held liable on the principle of “respondent superior”.…

…At the time the defendant returned the fungicide to Afrocox their contractual liability was to the plaintiff and they had ceased to have any contractual relationship with Ashford, and it follows with Ashford’s agent Afrocox…

…The defendant is liable to the plaintiff under the contract entered into verbally on August 13, 1985 and confirmed in writing two days later, whatever the rights and liabilities as between the defendant, Afrocox and Ashford…

…The plaintiff having established liability in the defendants, I turn to the question of damages.…

…It follows that the plaintiff’s claims for special damages fail entirely either because, in the case of items (i), (ii) and (iv) quantum has not been proved or, in the case of item (ii) liability has not been proved.…

…In the circumstances of this appeal various transactions have occurred in relation to the stolen negotiable instrument and issues of liability for the complainant’s loss may require to be sorted out between various parties…

…Liability as between the defendants to proceed to hearing.” The court then proceeded to hearing evidence on how this accident occurred.…

…The plaintiff thereafter handed the premises to the dealer who was a limited liability company run by the plaintiff’s sons who took possession as from 1/6/2004 on the same terms as in the dealership of the defendant dealers…

…A reply by defendant’s advocate was a two sentence letter denial of liability on 26/6/2004.…

…Furthermore, the fact that the Respondents except one have escaped liability for contempt of court this time does not give them the leeway to act as they please on and in regard to the suit land and therefore interfere with…