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…The appellant submitted that liability cannot arise without proof of fault.…

…The appellant’s appeal against the apportionment of liability and the respondent’s cross-appeal seeking to place 100% liability upon the appellant must consequently both fail. General damages 49.…

…Further, it was averred that its liability, if any, was in any event capped at US$100/= 7.…

…As to whether the appellant was liable for the loss and the extent of such liability, it was the trial court’s determination that the liability exclusion clause was oppressive as it sought to limit liability to Kshs. 12,952…

…In the second issue, the Court is called upon to determine whether the Defendant lawfully repudiated liability under the insurance policy.…

…Vehicles Third Party Risks) Act unless the insurer has successfully obtained declaratory orders avoiding liability. 30.…

…On liability, the respondents did not appear nor file a defence.…

…The interlocutory judgement was on liability. The formal proof was not on liability.…

…: liability of any sum in excess of three million shillings, arising out of a claim by one person.…

…Under the freedom to contract, insurance companies can cover any extent of liability subject to the minimum liability as above, as long as the insured is willing to pay the premium.…

…: liability of any sum in excess of three million shillings, arising out of a claim by one person.…

…Under the freedom to contract, insurance companies can cover any extent of liability subject to the minimum liability as above, as long as the insured is willing to pay the premium.…

…This was 15 percent of the amount demanded and aligned with apportionment of liability by the test suit 6. .…

…However, the appellate court held that liability in CMCC No. 360 of 2012 should follow the finding of the test suit, that is, the Appellant was directed to pay 15% portion on liability and that any excess amount deposited…

…On their part, the Respondents filed their defence on 18th November 2019 generally denying liability.…

…For the reasons I have set out above, I allow the appeal and set aside the trial court finding on liability and substitute the same with an order of this court apportioning liability in the ratio of 80%:20% in favour of the…

…The appellant has argued on only 2 grounds: liability and quantum. 5. On liability, he submits that the respondent did not prove that he was 100% liable for the accident.…

…On liability, the respondent testified that she was a passenger in her car, when the accident happened.…

…The Appellant has appealed to this court against the determination on liability on the following grounds: - a) That the Learned Trial Magistrate erred in law and in fact by apportioning liability at 50:50. b) That the Learned…

…In the instant appeal, I find that the apportionment of liability at 50:50 was in error.…

…First, whether the trial magistrate erred in her find on liability.…

…Consequently, the appeal as against the order on liability succeeds.…

…(d) Whether There Was Evidence to Sustain the Apportionment of Liability 30. The Appellant's third ground, that liability was apportioned to it “in the absence of any evidence,” is not borne out by the record.…

…of owner's liability upon which the trial Court's finding rests. 33.…

…This is an appeal against both liability and quantum.…

…On liability, the Appellants submitted that the trial court failed to properly analyse the evidence and wrongly attributed a high degree of liability to them.…

…LIABILITY 8. Grounds of Appeal Nos (1), (2), (3), (4), and (5) were dealt with together as they were related. 9.…

…It stated that it would be absurd to have judgment on liability entered and then backtrack to impugn such judgment. 19.…

…The defendant further averred that the duty of an insurer to satisfy judgments against persons insured was subject to such liability required to be covered under section 5 of Cap 405 and liability in respect of the claim…

…The Act uses the following terms to describe the type of judgment which ought to be settled: 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…

…It was urged that the rationale of the principle of vicarious liability is to place liability on the party that should in law bear it on the basis of the delegation of tasks or duty.…

…They submit that vicarious liability imposes liability on employers for the wrongful acts of their employees. Thus, such an employer will be held liable for torts while an employee is conducting their duties.…

…The 3rd and 4th Administrators/Applicants contend that estate liabilities take priority over distribution and that failure to disclose them renders any distribution unlawful.…

…The Court is not entitled to speculate or infer the existence of liability where none has been proved by admissible evidence. 17.…

…This appeal is on both quantum and liability.…

…In support of the trial Court’s finding on liability, Counsel for the Respondent submitted that the trial Court’s findings on a 50:50 liability was fair considering the circumstances that surrounded the occurrence of the…

…The trial court, though the same, but proceeding differently made its determination, attributing 30% liability upon the rider and 70% liability upon the driver of the motor vehicle. 20.…

…of liability in a road traffic case is not a scientific affair.…