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…Thus, the policy of insurance mentioned above insured Pauline W Kimuyu or her agent in respect of any such liability as is required to be covered by section 5 (b) of the Act.…

…However, upon examination and investigation, the appellant repudiated liability under the insurance policy for reasons which were communicated to the insured.…

…Kihara for the respondents argued that as the issue of liability had been determined by consent, there was no necessity of producing letters of administration. With respect, the issue of liability is in respect of tort.…

…The agreement between the parties as regards liability, decided the question of who was to blame and to what extent, for the accident. It was therefore wrong for Mr.…

…This is a suit of vicarious liability and in Launchburry v Morgans [1971] 2 QB 245 at p 253 Lord Denning MR said, the phrase vicarious liability means: “that one person takes the place of another so far as liability is concerned…

…In Broom v Morgan [1953] 1 QB 597, it was suggested that: “the master’s liability for the negligence of his servant is not a vicarious liability but a liability of the master himself owing to his failure to have seen that…

…The plaintiff submitted a claim to be indemnified for the loss and damage arising from the accident but this was rejected by the appellant which disclaimed liability.…

…The appellant entered appearance and also filed a defence denying liability on the grounds:- (a) That at the time of the accident the vehicle was being driven by an unauthorised driver in breach of the policy; (b) that the…

…The appellant however disputed the nature and value of the respondent’s goods allegedly lost and contended that in any case its liability to compensate the respondent was limited by the Warsaw Convention 1929 and the Hague…

…And by article 4(3) the convention mandatorily requires the carrier to record the number and weight of the luggage: failure to do so disentitles the carrier from availing itself of the limitation of liability provided by…

…There is no appeal before us against liability as judgment on liability was entered by Consent and the suit proceeded only on assessment of damages.…

…If successful, the assessment of damages would fall away, and the suit would be heard fully, and damages assessed as part of the proceedings, on the basis of such liability found, if any.…

…On the other hand, it was open to the defendant company to wait until judgment was complete, and appeal from both the finding of liability and the damages assessed.…

…There is no appeal before us against liability as judgment on liability was entered by Consent and the suit proceeded only on assessment of damages.…

…He was obviously referring to the issue of liability as he did say, and quite correctly in our view, that the issue of damages should proceed to proof by way of assessment of damages. Mr.…

…there was no denial at all of the allegation of the alleged wrongly dismissal and in any event there was no application made to the judge orally or otherwise to amend the defence, we see no point in letting the issue of liability…

…However, such finding does not absolve the defendant from liability. Besides the speed, the court must consider whether he kept any proper look out or sufficient regard for the pedestrians crossing the road.…

…These grounds are mainly on liability and quantum of damages.…

…These findings by the Judge on liability form the basis of the cross-appeal, wherein we are asked to reverse them. We do not think we can do so.…

…We are satisfied that there was sufficient evidence to support the Judge’s conclusions on the issue of liability and in any case, the respondent’s claims as stated by Stephen were not part of their pleadings.…

…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…

……………………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.…

…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…

…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.…

…In the circumstances of this appeal various transactions have occurred in relation to the stolen negotiable instrument and issues of liability for the complainant’s loss may require to be sorted out between various parties…

…If the sum of Shs.720,000/- was paid as ordered by the Judge, execution of the decree would be stayed against all the defendants, liability being joint and several.…

…First, the respondents admitted liability and, secondly, they did not challenge the decree which meant that the judge could not order that payment of the amount decreed be postponed or made by instalments without the consent…

…The learned trial judge found that the accident was caused by the negligence of DW 1 and there is no appeal against liability.…