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…It is his stand that since the evidence is not challenged liability is established.…

…On the assessment of evidence on liability I find that the suit is not contested and in terms of Order 6 rule 9(1) of the Civil Procedure Rules the defendant is deemed to have admitted the allegations of the plaintiff save…

…citing 4 grounds of appeal namely that the learned senior Resident Magistrate erred in law and in fact in failing to find that the plaintiff contributed to the said accident and thereby arrived at an erroneous decision on liability…

…I find that liability was well established as found by the trial magistrate that there is no denial that the respondent was an employee of the appellant and he was injured on duty and was paid workmans compensation.…

…I find that the evidence before me that liability has been admitted by the defendants at 85%. None of the parties mentioned whether the defendants No. 2 and 3 were prosecuted as stated in the plaint.…

…I hereby enter judgement for the plaintiff against the defendant on liability at the ratio of 15.85% as agreed by the parties.…

…The degree of liability was assessed at 65%. In this case the disability was not included by the doctor. In a summary:- I hereby enter judgement of the plaintiff on 100% liability against the defendants.…

…However, such finding does not absolve the defendant from liability. Besides the speed, the court must consider whether he kept any proper look out or sufficient regard for the pedestrians crossing the road.…

…These grounds are mainly on liability and quantum of damages.…

…On receipt of same, the company through its advocates denied liability and asked for particulars as to how the debt was incurred.…

…The company opposes the petition and liability on the grounds that it never requested for such services. At the hearing, Mr Ngunjiri advanced a number of arguments against the continuation of the petition.…

…Its liability is only vicarious. The firm incur liability only if judgment is recovered against the tortbearer.…

…If he is absolved from liability, the firm’s contingent liability goes with it. If he is held liable on the principle of “respondent superior”.…

….…………….PLAINTIFF VERSUS MIUGU GENERAL TRANSPORT CO LTD………………DEFENDANT JUDGMENT The plaintiff herein Chinga Tea Factory Company Ltd, a limited liability company, sued the defendant, Miugu General Transport Company Ltd, also…

…a limited liability company, for loss and damage caused to their consignment of 240 chests of tea which the defendant was transporting from the plaintiff’s factory at Chinga along the Murang’a/Chinga road for delivery to…

…These findings by the Judge on liability form the basis of the cross-appeal, wherein we are asked to reverse them. We do not think we can do so.…

…We are satisfied that there was sufficient evidence to support the Judge’s conclusions on the issue of liability and in any case, the respondent’s claims as stated by Stephen were not part of their pleadings.…

…Accordingly both liability andquantum are issues for determination in this trial. I will beginwith a consideration of the issue of liability. In brief the evidence on behalf of the plaintiff is this.…

…I would apportion liability between the defendant andthe deceased in the proportions of forty (40) per cent and sixty (60) per cent to the disadvantage of the deceased.…

…The denial on behalf of the first defendant on liability advanced through Mr Ohore DW1 cannot withstand the material evidence before the Court. Vicarious liability shall therefore attach on the first defendant.…

…Section 10 (1) of Cap 405 provides as follows: “If, after a policy of insurance has been effected, judgment in respect of any such liability as is required to be covered by a policy under paragraph (b) of section 5 (being…

…a liability covered by the terms of the policy), is obtained against any person insured by the policy, then, notwithstanding that the insurer may be entitled to avoid or cancel or may have avoided or cancelled the policy…

…At the time the defendant returned the fungicide to Afrocox their contractual liability was to the plaintiff and they had ceased to have any contractual relationship with Ashford, and it follows with Ashford’s agent Afrocox…

…The defendant is liable to the plaintiff under the contract entered into verbally on August 13, 1985 and confirmed in writing two days later, whatever the rights and liabilities as between the defendant, Afrocox and Ashford…

…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.…

……………………PLAINTIFF VERSUS PANAFRICAN BANK LTD & 2 OTHERS……………….RESPONDENT (Appeal from the High Court at Nairobi, Schofield J) JUDGMENT The plaintiff Bananahill Investment Limited is a limited liability company.…

…Mr Hira’s line of argument is that the respondent was dealing with a limited liability company which executed a mortgage over the property the subject matter of sale.…

…The members of the Chamber pay an entrance and annual subscription fees and upon the dissolution of the Chamber, their liability is limited to 50/-.…

…Upon its dissolution, any assets in excess of the liabilities of this nonprofit making Chamber shall not be distributed amongst its members but shall be given to some other nonprofit making similar institution or to a charity…

…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…

…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.…

…The defendant has denied liability contending that it was neither negligent nor guilty of any breach of duty of care as alleged or at all.…

…No absolute liability to insure the personal safety of guest is however imposed on him such as he is under with respect to the safety of their goods, so that if a guest is beaten in an inn the innkeeper is not liable (the…