Case law
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Division and case type: CivilCivil Appeal
…Consequently, the second defendant denied vicarious liability. The parties then agreed on a statement of facts, and having called no evidence, put forward their arguments.…
…Securicor has challenged its vicarious liability.…
Division and case type: CivilCivil Appeal
…In tortious liability it is enough for a plaintiff to establish that he act or omissions of the defendant, and in the case of vicarious liability of his servants or agents, created the situation which obliged him to take…
…I would allow the appeal on the issue of liability.…
Division and case type: CivilCivil Appeal
…The only question remaining in my mind as regards liability is what was the true effect of those findings?…
…To that extent only would I allow the appeal as regards liability.…
Division and case type: CivilCivil Appeal
…In my judgment, therefore, the issue of liability was already settled ( in favour of the plaintiff of course) by the time the judge embarked on the task of assessment of damages.…
…The plaintiff’s suit could not be dismissed as liability had been admitted. No injustice would have been occasioned to either party if the judge had proceeded along the lines I have suggested.…
Division and case type: CivilCivil Appeal
…In our opinion, there is no legal liability on the respondent to pay any damages beyond this.…
Division and case type: CivilCivil Appeal
…By the agreement of the parties, the learned judge was required to determine the liability, the quantum having been agreed. After the trial, the learned judge dismissed the plaintiff’s claim, hence this appeal.…
…The particulars of negligence contained in the plaint were denied by the written statement of defence and the suit went onto trial on the issue of liability as the learned counsel agreed on quantum of damages.…
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.…
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 Appeal
…Admiralty Law - goods supplied to a third party stored in a vessel – liability of goods supplied to a third party stored in a vessel - whether vessel owner incurs liability for the price of the goods – English Supreme Court…
…Whether a vessel owner incurred liability for the price of the goods supplied to a third party stored in the vessel. iii. What was the consequence of non-disclosure of facts in an application for ex parte injunctions.…
Division and case type: CivilCivil Appeal
…So the case has, so far as this issue of liability is concerned, to be determined fairly and squarely within the law of principal and agent, and as to whether the acts of the agent are such as to bind the principal. 11.…
…In the instant case no question has arisen as to the personal liability of Shakeel, as agent for his father, neither did the appellants choose to sue him, either cumulatively or in the alternative, for damages being such…