Judgment[1984] KECA 26
Case law
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Division and case type: Anti-CorruptionCivil Appeal
…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…
Division and case type: CivilCivil Suit
…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…
Division and case type: Milimani Commercial CourtsCivil Case
…Liability as between the defendants to proceed to hearing.” The court then proceeded to hearing evidence on how this accident occurred.…
Division and case type: CivilCivil Case
…The Judge’s discretion to grant judgment on admissions of facts under the Order is to be exercised only in plain cases where the admissions of fact are so clear and unequivocal that they amount to an admission of liability…