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…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.…

…Paragraph 7 states:- "Despite written demand having been made andnotice of intention to sue having been given,the Defendant has failed to admit liability orto pay damages to the Plaintiff."…

…The Plaintiff never mentioned such notice nor did he produce such documents by way of letters or notices written to the Defendant that they were requested to admit liability or be sued.…

…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.…

…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…

…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.…

…section 26A of the Penal Code, ordered deported under section 43 of this Act, persons whose citizenship has not been established, deportees in transit, and persons denied entry awaiting return and who are not under carrier liability…