Search court decisions

…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…

…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…

…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…

…In summary General damages Pain, Suffering and Loss of Amenities Ksh.200,000/- Future Medical treatment Kshs.450,000 Total Kshs.650,000/- I hereby enter judgment of the plaintiff for General Damages at 100% liability at Kshs…

…A defence was filed by the defendant/respondent through his firm of advocates Mbugua and Mbugua in which liability was actually denied saying that the accident occurred through inevitable circumstances or as an act of God…

…The first defendant East African Televisions Network Limited is a limited liability Company incorporated on 7th August, 1996.…

…The first defendant is a limited liability company whose operations may be compromised by a restraining order.…

…The plaintiff having established liability in the defendants, I turn to the question of damages.…

…It follows that the plaintiff’s claims for special damages fail entirely either because, in the case of items (i), (ii) and (iv) quantum has not been proved or, in the case of item (ii) liability has not been proved.…

…The defendant appeared and have filed a written statement of defence denying liability.…

…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…

…This petition was filed by Trio Holdings Ltd (hereinafter called the Creditor ) on 19th October, 1988 seeking that Magnum International Ltd a limited liability company registered in Kenya under the Companies Act (Cap 486)…

…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.…

…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…

…dispute arising out of a settlement or compromise made between the parties arising from a claim made by the plaintiff under the policy. (3) that the compromise was ‘entered into without prejudice and or without admission of liability…

…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…

…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…

…Liability as between the defendants to proceed to hearing.” The court then proceeded to hearing evidence on how this accident occurred.…

…It is submitted that this petition comes under section 221(1) (iii) as the petitioner was a contingent creditor due to the only and it is only the court that may assess the amount of prospective liability as to its quantum…

…In a defence filed in this Court on 9th November, 1989 the defendant denied liability and counter-claimed that the plaintiff do pay Kshs 103,624.45 being the balance of the sum due and owing and in connection with the chattel…

…Historic Common Law doctrines restricting the liability of the crown or its amenability to suit cannot stand in the way of effective protection of fundamental rights.”…