Search court decisions

…On the issue of liability, the Appellants submit that the trial court erred in holding them 100% liable.…

…The Appellants pray that the appeal be allowed, that liability be apportioned at 50:50, and that the award of general damages be reduced to Kshs. 350,000/= less 50% on account of liability. 15.…

…It further argued that the email contains no express admission of liability and merely describes financial distress. 14.…

…The trial court was therefore required to ascertain whether there was a clear admission of liability for that sum, or at least an unequivocal admission of liability upon which judgment could properly be entered. 15.…

…E186 of 2023 was the test suit on liability wherein the Adjudicator apportioned liability at 80% against the 2nd respondent and 20% against the 1st appellant herein. 10.…

…E186 of 2023 as the test suit, once liability was determined, the parties were bound by that finding on liability. 33.…

…Whether vicarious liability was established against the Respondent.d. What orders should issue, including on costs. Analysis and Determination 11.…

…In disputes involving motor vehicles, proof of ownership is a critical component, particularly where liability is claimed on the basis of ownership and/or agency. 14.…

…He also admitted receiving a letter dated 22nd September, 2021 requiring him to clear his liabilities and conceded that, by his letter dated 22nd October, 2021 titled “Outstanding Liability of Ksh.858,662.50/-” he acknowledged…

…While that explanation may explain the genesis of the liability, it did not negate the fact that, as between himself and the Appellant, he had expressly acknowledged liability and authorized recovery thereof. 82.…

…In such an event, the employer's liability insurance shall defend the suit and bear all the legal expenses the employer may incur including indemnifying for any liability attaching to the insured, subsequently.…

…That in essence Employers Liability covers liability to employees for work related bodily injury or disease, other than liability imposed on the insured by a workers compensation law.…

…The law regarding interference with a trial court’s apportionment of liability is settled.…

…The determination of liability in negligence cases involves consideration of both causation and contributory negligence.…

…may be required under section 5(b) to be covered by a policy and yet the liability may not in fact be covered by the particular policy.…

…. iv) Liability of any sum in excess of three million shillings, arising out of a claim by one person. 27.…

…on liability and wrongly dismissing and or under-assessing the pleaded heads of damages. 11.…

…failed to consider submissions and authorities on both liability and quantum. 18.…

…On liability, it is submitted that the appellant did not adduce evidence. 7.…

…Without that evidence, there was no basis for attributing liability or negligence on either of them, and to apportion liability as between them. 15.…

…Dissatisfied with the entire Judgment, the Appellant lodged the present Appeal challenging the findings of the trial court on liability, agency, privity of contract and the propriety of imposing joint and several liability…

…The Appellant’s liability can therefore only arise if the evidence established either, that the 2nd Respondent acted as an agent of the Appellant; or that the Appellant independently assumed liability for the debt. 39.…

…From the foregoing, it is evident that this appeal relates to liability only. section 107 (1) of the Evidence Act provides that: “Whoever desires any court to give judgment as to any legal right or liability dependant on…

…Accordingly, I set aside the apportionment of liability in the ratio 70:30 by the trial court and replace it with one apportioning liability fully as against the respondent. 30.…

…The Appellant has questioned the apportionment of liability at 50:50 as between it and the owner of motor vehicle KAX 026L.…

…I therefore hold that the trial magistrate erred by ignoring the findings on liability in the test suit.…

…As damages flow from liability, and liability had not been established, no damages were payable; in any event, the trial court had assessed quantum for completeness.…

…was bound to apportion liability against him.…

…Although the appeal challenges both liability and quantum, its primary focus is on liability.…

…Whereas ownership of a motor vehicle may become relevant where liability is sought to be imposed upon a person as the registered or beneficial owner, liability in negligence may equally attach to the person who was actually…

…And, if liability underwritten benefits a third party, the accepted procedure for determination of such liability is a declaratory suit which provides full remedy under the contract of insurance.…

…Established legal principles dictate that an insurer’s liability is only triggered once the insured’s liability is ascertained. I find no justification to deviate from this well-settled position. 14.…

…Appellant on the principle that there is no liability without fault.…

…The Appellant submitted that there was no collision between the motor vehicle and the motor cycle and therefore liability cannot attach.…

…On liability, the Appellants submitted that the trial court grossly erred in its finding of liability.…

…On liability, the Respondent submitted that the trial court's apportionment of liability at 50:50 was proper and should not be disturbed.…

…The Court reproduced Section 10(1) and emphasized the qualifying words “being a liability covered by the terms of the policy” and went on and stated as follows: “Thus once statutory liability under s.5(b) is covered by the…

…The policy expressly assigned a nil limit to liability for death or bodily injury to persons being carried in or upon the vehicle. 23.…