Case law
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Division and case type: CivilCivil Case
…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.…
Division and case type: CivilCivil Case
…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.…
Division and case type: CivilCivil Appeal
…The learned trial judge found that the accident was caused by the negligence of DW 1 and there is no appeal against liability.…
Division and case type: CriminalCriminal Case
…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…
Division and case type: CivilCivil Appeal
…The respondent’s arrangements were not sufficient to relieve the respondent of liability.…
…though in taking into consideration what the steamer could do, you have to consider the actual state of things – the appliances of the port, and the mode of delivery; still, that does not relieve the defendants from their liability…
Division and case type: CivilCivil Appeal
…all cases where a person purports to contract on behalf of a company not yet formed, then however he expresses his signature he himself is personally liable on the contract unless there is a clear exclusion of personal liability…
Division and case type: CivilCivil Case
…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…
Division and case type: Milimani Commercial CourtsCivil Case
…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.…
Division and case type: CivilCivil Case
…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…
Division and case type: CivilCivil Case
…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.…
Division and case type: CivilCivil Appeal
…Either interlocutory judgment has been entered and damages remain to be assessed, or there is an ex parte hearing of all the issues on liability and damages.…
Division and case type: CivilCivil Case
…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…
Division and case type: CivilCivil Case
…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.…
Division and case type: CivilCivil Appeal
…Ombete for the appellant said liability is not in dispute, that the relationship of customer and banker was proved by evidence but that apparently the judge did not take into account the effect of the words “account closed…
Division and case type: CivilCivil Appeal
…(as he then was) after hearing very full arguments on an ex-parte application, declined to extend time to file suit on the grounds that (i) knowledge of possible legal liability is knowledge of a decisive character, (2) the…
…With regard to the accident he submitted that the appellant had adduced evidence to show an accident did occur in which her husband had been injured and, because the respondent did not adduce controverting evidence liability…
Division and case type: CivilCivil Case
…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…
Division and case type: CivilCivil Appeal
…Liability was admitted when the appellant’s claims against the respondent came to trial at the end of June 1982. The only issue was the quantum of damages, special and general, the respondent should pay the appellant.…
Division and case type: CivilCivil Appeal
…Liability was admitted when the appellant’s claims against the respondent came to trial at the end of June 1982. The only issue was the quantum of damages, special and general, the respondent should pay the appellant.…
Division and case type: CivilCivil Appeal
…Therefore, the proceedings were privileged under the National Assembly (Powers and Privileges) Act, and did not attract civil or criminal liability.…
…The applicants submit that the proceedings were privilegedunder the National Assembly (Powers and Privileges) Act (Cap. 6, Laws ofKenya), and did not attract civil or criminal liability; and hence the Courts have no jurisdiction…
Division and case type: Constitutional and Human RightsPetition
…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…