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…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.…

…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.…

…Liability for the accident is not in dispute. It was agreed between the parties that the liability of the appellants was to be 80%. The learned judge did not reduce the figure of damages he awarded by 20%.…

…The upshot of all this is that this appeal is allowed and damages awarded in the sum of shs.960,000/= are reduced to shs.350,000/= and further reduced by 20%, as the appellants' liability was 80%.…

…Paragraph 7 states:- "Despite written demand having been made andnotice of intention to sue having been given,the Defendant has failed to admit liability orto pay damages to the Plaintiff."…

…The Plaintiff never mentioned such notice nor did he produce such documents by way of letters or notices written to the Defendant that they were requested to admit liability or be sued.…

…attachment of a defendant’s property before judgement because as the court of Appeal stated in Kana Kanyoro v Francis Nderu and Others CA 142/87 “It is hardly consistent wi th justice to exact “punished” before the defendant’s liability…

…to execution is established but also because in view of the hardy and time consuming process of the courts, the rights and liabilities of the parties may not be determined for a long time, pos sibly years.”…

…travelling in a vehicle insured for commercial use only. 2.The passenger so injured, or the estate of a deceased passenger, as the case may be, gets no right to sue the insurer eventually, under section 10 of Cap 405, as the liability…

…It is submitted that this petition comes under section 221(1) (iii) as the petitioner was a contingent creditor due to the only and it is only the court that may assess the amount of prospective liability as to its quantum…

…So if the vehicle was insured to cover all risks, then the restriction imposed by the policy although it may have been brought to the attention of the plaintiff prior to the theft appears to me to be a ploy for avoiding liability…

…(as he then was) after hearing very full arguments on an ex-parte application, declined to extend time to file suit on the grounds that (i) knowledge of possible legal liability is knowledge of a decisive character, (2) the…

…With regard to the accident he submitted that the appellant had adduced evidence to show an accident did occur in which her husband had been injured and, because the respondent did not adduce controverting evidence liability…