Case law
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Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Case
…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.…
Division and case type: CivilCivil Appeal
…The defendant’s appeal is against both liability and quantum. The plaintiff’s appeal is against quantum only. We shall deal first with the submissions made by Mr. Jiwaji, for the defendant.…
…The appeal against liability must fail and it is dismissed.…
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: CivilCivil Appeal
…...discloses no reasonable cause of action, and is clearly frivolous and vexatious and an abuse of the court process because of the statutory provisions which give absolute immunity to judges and magistrates, from civil liability…
Division and case type: CivilCivil Appeal
…The allusions to the Act must of course relate to the exemption of members from personal liability given under section 87 of the Act but as the section itself makes it clear, only matters or things done in good faith are…