Case law
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Division and case type: CivilCivil Appeal
…However, such finding does not absolve the defendant from liability. Besides the speed, the court must consider whether he kept any proper look out or sufficient regard for the pedestrians crossing the road.…
…These grounds are mainly on liability and quantum of damages.…
Division and case type: CivilCivil Case
…However, during the course of the hearing it occurred to me that the claim to recover, treble the value of the goods sold was a liability imposed purely by statute and that on the authority of Barraclough v Brown & others…
…I am strengthened in this view by the clear distinction between the liability imposed by section 7 and the right to recover bestowed by section 8 and 10 of the said Act.…
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
…Though the plaint was filed some three years later in June, 1984, it did not come to trial until October, 1988, after which Bosire, J in a judgment dated 25th November, 1988, found for the plaintiff on liability and assessed…
…Mr Inamdar’s complaint in the second ground of appeal was that the judge’s determination of liability fell outside the scope of the pleadings and the issues agreed between the parties.…
Division and case type: CivilCivil Case
…It is a bank with limited liability and has a registered office in Nairobi. The plaintiff’s claim has been spelled out in a lengthy plaint with a staggering 47 paragraphs.…
…recently been carried out by Bank inspectors into (i) Kshs. 10.5 million fraud at the Market Branch and (ii) the diversion of Kshs. 750,000 due to Pump Maintenance of East Africa Limited, ostensibly to avoid the company’s liability…
Division and case type: CriminalCriminal Case
…Entries in a book of account regularly kept in the course of business are admissible for matters which the court has to inquire but such statements alone are not sufficient evidence to charge a person with liability. 6.…
…of account regularly kept in the course of business are admissible wherever they refer to a matter into which the Court has to inquire, but such statements shall not alone be sufficient evidence to charge any person with liability…
Division and case type: CivilCivil Case
…To escape liability, the defendant would have to show that there was a probable cause of accident which does not connote negligence or that the explanation for the accident was consistent only with the absence of negligence…
Division and case type: CivilCivil Case
…Four of the relevant agreed issues regarding liability are:- 1.…
…It is that “where the circumstances of the accident gives rise to the inference of negligence, then the defendant, in order to escape liability, has to show that there was a probable cause of the accident which does not connote…
Division and case type: CivilCivil Appeal
…So the case has, so far as this issue of liability is concerned, to be determined fairly and squarely within the law of principal and agent, and as to whether the acts of the agent are such as to bind the principal. 11.…
…In the instant case no question has arisen as to the personal liability of Shakeel, as agent for his father, neither did the appellants choose to sue him, either cumulatively or in the alternative, for damages being such…