Search court decisions

…in respect of the death of or bodily injury to persons being carried in or upon or entering or getting on to or alighting from the vehicle at the time of the occurrence of the event out of which the claims arose; or any contractual…

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

…in respect of the death of or bodily injury to persons being carried in or upon or entering or getting on to or alighting from the vehicle at the time of the occurrence of the event out of which the claims arose; or any contractual…

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

…In a claim grounded on contractual liability, the existence of the contract is foundational. Without proof of such agreement, the claim cannot stand. Evidence of Partial Payment 13.…

…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…

…However, while the doctrine of utmost good faith imposes significant obligations upon an insured, it does not absolve an insurer from proving allegations upon which it seeks to avoid contractual liability.…

…However, where such conclusions are relied upon to avoid contractual liability on allegations of fraud or breach of policy conditions, the inferences must be firmly grounded in established facts. 62.…

…No contractual liability or responsibility could accrue, from the said contract, upon the third party, to entitle the respondent enforce the contract against the third party. 14.…

…In the alternative to the foregoing, the plaintiff submitted that the defendant is liable under principles of pre-contractual liability and the duty of good faith.…

…In conclusion, Counsel submitted that there was no concluded contract, no promissory estoppel, no basis for pre-contractual liability, and no justification for the plaintiff’s claimed losses.…

…Having so found, and considering that the suit before me is fatally defective for the reasons stated, the question as to the negligence or contractual liability of the Plaintiff is inconsequential and so are the other issues…

…respect of the death of or bodily injury to persons being carried in or upon or entering or getting on to or alighting from the vehicle at the time of the occurrence of the event out of which the claims arose; or iii. any contractual…

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

…respect of the death of or bodily injury to persons being carried in or upon or entering or getting on to or alighting from the vehicle at the time of the occurrence of the event out of which the claims arose; or iii. any contractual…

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

…It was therefore his submission that no liability arose from the alleged agreement and instead what arose was a loss that the respondent suffered and for which the appellant was under contractual liability to compensate the…

…It was therefore his submission that no liability arose from the alleged agreement and instead what arose was a loss that the respondent suffered and for which the appellant was under contractual liability to compensate the…

…In its defence dated 11th March 2022, Wells Fargo admits the existence of a service agreement for cash-in-transit services but contends that its liability was contractually limited.…

…Read together, these clauses make it evident that Wells Fargo’s liability was contractually confined to losses occurring during the specific timeframe in which it retained actual custody and control of the consignment. 13…

…The Plaintiff’s witness maintained that there exists no legal nor contractual liability on the part of the Plaintiff to indemnify the Defendant or the injured persons as per the scope of the insurance policy. 15.…

…respect of the death of or bodily injury to persons being carried in or upon or entering or getting on to or alighting from the vehicle at the time of the occurrence of the event out of which the claims arose; or (iii) any contractual…

…liability: (iv) liability of any sum in excess of three million shillings, arising out of a claim by one person. 7.…

…respect of the death of or bodily injury to persons being carried in or upon or entering or getting on to or alighting from the vehicle at the time of the occurrence of the event out of which the claims arose; or (iii) any contractual…

…liability: (iv) liability of any sum in excess of three million shillings, arising out of a claim by one person. 7.…

…respect of the death of or bodily injury to persons being carried in or upon or entering or getting on to or alighting from the vehicle at the time of the occurrence of the event out of which the claims arose; or (iii) any contractual…

…liability: (iv) liability of any sum in excess of three million shillings, arising out of a claim by one person. 7.…

…He further contends that he is not a party to the loan agreement between the Plaintiff and the 1st Defendant and therefore bears no contractual liability for the outstanding debt.…

…In the circumstances, the Defendant submits that the Plaintiff’s suit is speculative, anticipatory, and legally premature, having been filed before the accrual of any statutory or contractual liability.…