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
…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
…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.…
Division and case type: CivilCivil Appeal
…Admiralty Law - goods supplied to a third party stored in a vessel – liability of goods supplied to a third party stored in a vessel - whether vessel owner incurs liability for the price of the goods – English Supreme Court…
…Whether a vessel owner incurred liability for the price of the goods supplied to a third party stored in the vessel. iii. What was the consequence of non-disclosure of facts in an application for ex parte injunctions.…
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
…But when hearing of the suit opened before Cockar J on the 14th December 1982, both appellants reversed their position and admitted liability for negligence.…
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…