Case law
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Division and case type: CivilCivil Appeal
……………………PLAINTIFF VERSUS PANAFRICAN BANK LTD & 2 OTHERS……………….RESPONDENT (Appeal from the High Court at Nairobi, Schofield J) JUDGMENT The plaintiff Bananahill Investment Limited is a limited liability company.…
…Mr Hira’s line of argument is that the respondent was dealing with a limited liability company which executed a mortgage over the property the subject matter of sale.…
Division and case type: CivilCivil Suit
…I note that the defence purported to deny that the defendant was criminally responsible for the plaintiff being maimed, but I take it that such denial is intended to and does not include any civil liability,” an assault being…
…All these matters, I regret to say, are so unsatisfactory, that it leads me to the conclusion that if the judge had correctly directed himself he would inevitably have reached a different finding on liability from that to…
Division and case type: CivilCivil Appeal
…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…
Division and case type: CivilCivil Appeal
…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…
Division and case type: CivilCivil Appeal
…Hence the terms of the settlement arranged by Mr Wanjohi should have been pleaded and proved so as to state what the liability of the employer was after the reinstatement.…
…It would seem to us that where liability has been established by a preliminary decree, it is necessary to appeal within proper time against that preliminary decree.…
Division and case type: CivilCivil Case
…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…
Division and case type: CivilCivil Case
…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…
Division and case type: CivilCivil Case
…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…
Division and case type: CivilCivil Case
…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.…
Division and case type: Milimani Commercial CourtsCivil Case
…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.…
Division and case type: CivilCivil Case
…Each of the two defendants filed their written statements of defence denying their liability to the plaintiff but the court need not narrate these defences because when the suit came up for hearing Mr Juma appearing for both…
…the defendants indicated to the court that the defendants have now admitted liability and that the court should only decide the quantum of general and special damages.…
Division and case type: CivilCivil Case
…Each of the two defendants filed their written statements of defence denying their liability to the plaintiff but the court need not narrate these defences because when the suit came up for hearing Mr Juma appearing for both…
…the defendants indicated to the court that the defendants have now admitted liability and that the court should only decide the quantum of general and special damages.…
Division and case type: CivilCivil Suit
…After considering the evidence offered I find that the liability is on 100% basis. There being no contradictory evidence on loss of expectation of life the deceased was 51 at time of death and was due to retire at 55.…
Division and case type: CivilCivil Appeal
…Though the plaint was filed some three years later in June, 1984, it did not come to trial until October, 1988, after which Bosire, J in a judgment dated 25th November, 1988, found for the plaintiff on liability and assessed…
…Mr Inamdar’s complaint in the second ground of appeal was that the judge’s determination of liability fell outside the scope of the pleadings and the issues agreed between the parties.…
Division and case type: CivilCivil Case
…In a defence which was delivered on the 13th of February 1989 the defendant basically denied its liability to the plaintiff as alleged in the plaint.…
Division and case type: CivilCivil Case
…The defendants admit 80% liability and the question I have to decide is one of damages only. At the time of the accident the plaintiff was 42 years of age. He was and still is employed by KPA as a clerk.…
Division and case type: CivilCivil Suit
…The defendant appeared and have filed a written statement of defence denying liability.…
Division and case type: Constitutional and Human RightsPetition
…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)…
Division and case type: CivilCivil Case
…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…
Division and case type: CivilCase number Civil Application
…Mr Magugu also deponed that he had not procured the finances and that he had also consulted a qualified quantity surveyor who advised him that his liability and that of Inns Ltd could not exceed Kshs 14m.…