Case law
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Division and case type: CivilCivil Appeal
…Consequently, the second defendant denied vicarious liability. The parties then agreed on a statement of facts, and having called no evidence, put forward their arguments.…
…Securicor has challenged its vicarious liability.…
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 Suit
…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.…
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
…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: Constitutional and Human RightsPetition
…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…