Case law
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Division and case type: CivilCivil Case
…Liability 32. Having proved the fact of the accident and the demise of the Deceased as a result thereof, the next issue for determination would be the question of liability. 33.…
…On vicarious liability the Court of Appeal in the case of Tabitha Nduhi Kinyua v Francis Mutua Mbuvi & another [2014] eKLR stated as follows:- “The principle of vicarious liability is an anomaly in our law because it imposes…
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%.…