Case law
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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 Appeal
…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%.…
Division and case type: CivilCivil Case
…On the other hand Miss Manyasi, the learned counsel for the respondent, submitted that the defence though made up of denials raised a triable issue as the liability for shs 4.2 million was denied.…
Division and case type: CivilCivil Case
…Each of the two defendants filed their written statements of defence denying their liability to the plaintiff but the court need not narrate these defences because when the suit came up for hearing Mr Juma appearing for both…
…the defendants indicated to the court that the defendants have now admitted liability and that the court should only decide the quantum of general and special damages.…
Division and case type: CivilCivil Case
…Each of the two defendants filed their written statements of defence denying their liability to the plaintiff but the court need not narrate these defences because when the suit came up for hearing Mr Juma appearing for both…
…the defendants indicated to the court that the defendants have now admitted liability and that the court should only decide the quantum of general and special damages.…
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
…Ombete for the appellant said liability is not in dispute, that the relationship of customer and banker was proved by evidence but that apparently the judge did not take into account the effect of the words “account closed…
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…