Search court decisions

…Anyway she decided to check into a 5-star hotel and incurred a liability when from her own admission she had no intention of personally settling the account right from the beginning.…

…Mr Ojiambo who appears for Hilton has submitted before me that as the liability was incurred by the plaintiff and remains unsettled to this day Hilton is entitled to retain the jewellery until the bill is paid.…

…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%.…

…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.…

…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…

…Liability was admitted when the appellant’s claims against the respondent came to trial at the end of June 1982. The only issue was the quantum of damages, special and general, the respondent should pay the appellant.…