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…In tortious liability it is enough for a plaintiff to establish that he act or omissions of the defendant, and in the case of vicarious liability of his servants or agents, created the situation which obliged him to take…

…I would allow the appeal on the issue of liability.…

…At first the Defendant denied liability for the negligence but on the 30th October, 1991, the parties agreed that the Plaintiff was himself 10% negligent while the Defendant was 90% negligent.…

…Liability was accordingly agree on those terms and I do not have to deal with the issue of liability. Special damages were also agreed at Shs.1,150/-. What general damages should I award to the Plaintiff?…

…On receipt of same, the company through its advocates denied liability and asked for particulars as to how the debt was incurred.…

…The company opposes the petition and liability on the grounds that it never requested for such services. At the hearing, Mr Ngunjiri advanced a number of arguments against the continuation of the petition.…

…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.…

…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…

…Githinji J having ruled that the defendant was a trespasser on the suit premises it would appear to me that the liability of the defendant to pay damages for trespass was determined.…

…Githinji J having ruled that the defendant was a trespasser on the suit premises it would appear to me that the liability of the defendant to pay damages for trespass was determined.…

…The issue as framed assumes that there was in fact an accident on the 9th June, 1988 as pleaded in paragraph 3 of the plaint and that the only thing denied was liability for that accident.…