Case law
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Division and case type: CivilCivil Appeal
…travelling in a vehicle insured for commercial use only. 2.The passenger so injured, or the estate of a deceased passenger, as the case may be, gets no right to sue the insurer eventually, under section 10 of Cap 405, as the liability…
Division and case type: CivilCivil Appeal
…Hence the terms of the settlement arranged by Mr Wanjohi should have been pleaded and proved so as to state what the liability of the employer was after the reinstatement.…
…It would seem to us that where liability has been established by a preliminary decree, it is necessary to appeal within proper time against that preliminary decree.…
Division and case type: CivilCivil Appeal
…travelling in a vehicle insured for commercial use only. 2.The passenger so injured, or the estate of a deceased passenger, as the case may be, gets no right to sue the insurer eventually, under section 10 of Cap 405, as the liability…
Division and case type: CivilCivil Appeal
…particular instance, not only the particulars had already been supplied when the order dismissing the plaintiff’s suit was made, the defendant had also filed its defence about three months previously which was merely a denial of liability…
Division and case type: CivilCivil Appeal
…Though the plaint was filed some three years later in June, 1984, it did not come to trial until October, 1988, after which Bosire, J in a judgment dated 25th November, 1988, found for the plaintiff on liability and assessed…
…Mr Inamdar’s complaint in the second ground of appeal was that the judge’s determination of liability fell outside the scope of the pleadings and the issues agreed between the parties.…
Division and case type: CivilCivil Appeal
…By the agreement of the parties, the learned judge was required to determine the liability, the quantum having been agreed. After the trial, the learned judge dismissed the plaintiff’s claim, hence this appeal.…
…The particulars of negligence contained in the plaint were denied by the written statement of defence and the suit went onto trial on the issue of liability as the learned counsel agreed on quantum of damages.…
Division and case type: CivilCase number Civil Application
…Mr Magugu also deponed that he had not procured the finances and that he had also consulted a qualified quantity surveyor who advised him that his liability and that of Inns Ltd could not exceed Kshs 14m.…
Division and case type: CriminalCriminal Appeal
…In the circumstances of this appeal various transactions have occurred in relation to the stolen negotiable instrument and issues of liability for the complainant’s loss may require to be sorted out between various parties…
Division and case type: CivilCivil Appeal
…If the sum of Shs.720,000/- was paid as ordered by the Judge, execution of the decree would be stayed against all the defendants, liability being joint and several.…
Division and case type: CivilCivil Appeal
…in working order it should have been returned to the plaintiff immediately instead of keeping it for more than two years, and then returning it after having it repaired which was an acceptance of both the obligation and liability…
Division and case type: CivilCivil Appeal
…First, the respondents admitted liability and, secondly, they did not challenge the decree which meant that the judge could not order that payment of the amount decreed be postponed or made by instalments without the consent…
Division and case type: CivilCivil Case
…So if the vehicle was insured to cover all risks, then the restriction imposed by the policy although it may have been brought to the attention of the plaintiff prior to the theft appears to me to be a ploy for avoiding liability…
Division and case type: CivilCivil Appeal
…The respondent’s arrangements were not sufficient to relieve the respondent of liability.…
…though in taking into consideration what the steamer could do, you have to consider the actual state of things – the appliances of the port, and the mode of delivery; still, that does not relieve the defendants from their liability…
Division and case type: CivilCivil Appeal
…all cases where a person purports to contract on behalf of a company not yet formed, then however he expresses his signature he himself is personally liable on the contract unless there is a clear exclusion of personal liability…
Division and case type: CivilCivil Appeal
…Either interlocutory judgment has been entered and damages remain to be assessed, or there is an ex parte hearing of all the issues on liability and damages.…
Division and case type: CivilCivil Appeal
…(as he then was) after hearing very full arguments on an ex-parte application, declined to extend time to file suit on the grounds that (i) knowledge of possible legal liability is knowledge of a decisive character, (2) the…
…With regard to the accident he submitted that the appellant had adduced evidence to show an accident did occur in which her husband had been injured and, because the respondent did not adduce controverting evidence 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: 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…