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….…………….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…

…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”.…

…However, during the course of the hearing it occurred to me that the claim to recover, treble the value of the goods sold was a liability imposed purely by statute and that on the authority of Barraclough v Brown & others…

…I am strengthened in this view by the clear distinction between the liability imposed by section 7 and the right to recover bestowed by section 8 and 10 of the said Act.…

…The plaintiffs side placed substantial amount of the liability onthe 2nd defendant and therefore on the 1st defendant vicariously. The cases of DCM THYSSENV. WAKISU ESTATE LTD. [1960] E.A. 2896 and KHAMBI & ANOTHER V.…

…Beginning with the issue of liability this court took time to look at evidence of both sidesside by side. The plaintiff told this court that the whole of the defendant's trailer stood in thelane as one drove to Mombasa.…

…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.…

…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%.…

…Paragraph 7 states:- "Despite written demand having been made andnotice of intention to sue having been given,the Defendant has failed to admit liability orto pay damages to the Plaintiff."…

…The Plaintiff never mentioned such notice nor did he produce such documents by way of letters or notices written to the Defendant that they were requested to admit liability or be sued.…

…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.…

…In my judgment, therefore, the issue of liability was already settled ( in favour of the plaintiff of course) by the time the judge embarked on the task of assessment of damages.…

…The plaintiff’s suit could not be dismissed as liability had been admitted. No injustice would have been occasioned to either party if the judge had proceeded along the lines I have suggested.…

…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.…

…In our opinion, there is no legal liability on the respondent to pay any damages beyond this.…

…attachment of a defendant’s property before judgement because as the court of Appeal stated in Kana Kanyoro v Francis Nderu and Others CA 142/87 “It is hardly consistent wi th justice to exact “punished” before the defendant’s liability…

…to execution is established but also because in view of the hardy and time consuming process of the courts, the rights and liabilities of the parties may not be determined for a long time, pos sibly years.”…

…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…

…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…

…Originally the defendant instructed Messrs Bryson Inamdar & Bowyer who filed a defence denying liability.…

…That is to say that the issue of liability has been impliedly settled and the only issue which remains for further determination is the quantum of damages if any in respect of lost years.…

…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…

…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…