Search court decisions

…Githinji J having ruled that the defendant was a trespasser on the suit premises it would appear to me that the liability of the defendant to pay damages for trespass was determined.…

…Githinji J having ruled that the defendant was a trespasser on the suit premises it would appear to me that the liability of the defendant to pay damages for trespass was determined.…

…So if the vehicle was insured to cover all risks, then the restriction imposed by the policy although it may have been brought to the attention of the plaintiff prior to the theft appears to me to be a ploy for avoiding liability…

…Soon thereafter the same shareholders agreed to sell the same shares to a nomineeof the plaintiff herein, viz a Limited Liability Company known as X2IT LTD.…

…On being served, the defendants filed a defence denying liability and counter claimed for damages for detention of its vehicle from 8th June, 1995 until date of release.…

…On being served, the defendants filed a defence denying liability and counter claimed for damages for detention of its vehicle from 8th June, 1995 until date of release.…

…Entries in a book of account regularly kept in the course of business are admissible for matters which the court has to inquire but such statements alone are not sufficient evidence to charge a person with liability. 6.…

…of account regularly kept in the course of business are admissible wherever they refer to a matter into which the Court has to inquire, but such statements shall not alone be sufficient evidence to charge any person with liability…

…On this point I have derived substantial benefit from two books titled “The Law of Master and Servant” by Francis Raleigh Batt 4th Edition by George J Webber and “The Employers Liability” at Common Law” by John Munkman: The…

…The plaintiff thereafter handed the premises to the dealer who was a limited liability company run by the plaintiff’s sons who took possession as from 1/6/2004 on the same terms as in the dealership of the defendant dealers…

…A reply by defendant’s advocate was a two sentence letter denial of liability on 26/6/2004.…

…To escape liability, the defendant would have to show that there was a probable cause of accident which does not connote negligence or that the explanation for the accident was consistent only with the absence of negligence…

…There could not have been a consent judgment if there was no admission of liability. What the defendants really are disputing is the claim for general damages and exemplary damages.…

…Four of the relevant agreed issues regarding liability are:- 1.…

…It is that “where the circumstances of the accident gives rise to the inference of negligence, then the defendant, in order to escape liability, has to show that there was a probable cause of the accident which does not connote…

…The issue as framed assumes that there was in fact an accident on the 9th June, 1988 as pleaded in paragraph 3 of the plaint and that the only thing denied was liability for that accident.…

…In Halsbury Laws of England, Third Edition Volume 38 at page 767 paragraph 1270, it is stated with regard to the liability of a person in the category of the second defendant as follows: “ The governor of a prison is protected…

…section 26A of the Penal Code, ordered deported under section 43 of this Act, persons whose citizenship has not been established, deportees in transit, and persons denied entry awaiting return and who are not under carrier liability…

…The Judge’s discretion to grant judgment on admissions of facts under the Order is to be exercised only in plain cases where the admissions of fact are so clear and unequivocal that they amount to an admission of liability…