Search court decisions

…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.…

…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 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.…

…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.…

…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.…

…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.…

…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.…

…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…

…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.…