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…In CivilApplication NO. 1871/85 in which Dugdale J. held inter alia: "The biggest problem in this case is that of vicarious liability.…

…Thereforevicarious liability cannot be attributed to the defendant and the claim mustfail". Mr.…

…The documents filed on behalf of the petitioner in response to the application have not shown any admission of liability on behalf of the company. Invoices alone do not prove any indebtedness.…

…As the goods were supplied in 1996 to 1997, the company does not show liability has ever been disputed. In the application and affidavit, they do not show they are prepared to return the goods.…

…It is his stand that since the evidence is not challenged liability is established.…

…On the assessment of evidence on liability I find that the suit is not contested and in terms of Order 6 rule 9(1) of the Civil Procedure Rules the defendant is deemed to have admitted the allegations of the plaintiff save…

…I find that the evidence before me that liability has been admitted by the defendants at 85%. None of the parties mentioned whether the defendants No. 2 and 3 were prosecuted as stated in the plaint.…

…I hereby enter judgement for the plaintiff against the defendant on liability at the ratio of 15.85% as agreed by the parties.…

…The degree of liability was assessed at 65%. In this case the disability was not included by the doctor. In a summary:- I hereby enter judgement of the plaintiff on 100% liability against the defendants.…

…citing 4 grounds of appeal namely that the learned senior Resident Magistrate erred in law and in fact in failing to find that the plaintiff contributed to the said accident and thereby arrived at an erroneous decision on liability…

…I find that liability was well established as found by the trial magistrate that there is no denial that the respondent was an employee of the appellant and he was injured on duty and was paid workmans compensation.…

…The plaintiffs side placed substantial amount of the liability onthe 2nd defendant and therefore on the 1st defendant vicariously. The cases of DCM THYSSENV. WAKISU ESTATE LTD. [1960] E.A. 2896 and KHAMBI & ANOTHER V.…

…Beginning with the issue of liability this court took time to look at evidence of both sidesside by side. The plaintiff told this court that the whole of the defendant's trailer stood in thelane as one drove to Mombasa.…

…In summary General damages Pain, Suffering and Loss of Amenities Ksh.200,000/- Future Medical treatment Kshs.450,000 Total Kshs.650,000/- I hereby enter judgment of the plaintiff for General Damages at 100% liability at Kshs…

…On being served, the defendants filed a defence denying liability and counter claimed for damages for detention of its vehicle from 8th June, 1995 until date of release.…

…On being served, the defendants filed a defence denying liability and counter claimed for damages for detention of its vehicle from 8th June, 1995 until date of release.…