Case law
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Division and case type: Environment and Land CourtPetition
…individual liability.…
…the full liability.…
Division and case type: CivilCivil Appeal
…It was subject to the directors of The Kenya Alliance Insurance Company Limited admitting liability which plainly means no liability had been admitted at that stage.…
…In the event the respondent denied liability and the only evidential value of that document was the extent of the damage.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: Environment and Land CourtPetition
…While costs follow the event, the liability to pay such costs must be considered in light of the capacity in which the litigants participated in the proceedings.…
…Deprivation of liberty through civil jail is a drastic measure and must be exercised cautiously and only where personal liability is clearly established.…
Division and case type: CivilCivil Appeal
…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.…
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: Environment and Land CourtCivil Suit
…and each one of them is liable to settle the full liability.…
…However, in a purely several liability each tortfeasor is only liable to settle the sum due to the tune of his liability.…
Division and case type: Environment and Land CourtAppeal
…It was argued that the liability of the estate was either to surrender 0.05 hectares to the respondent or, in the alternative, to refund the purchase price.…
…That liability, however, did not dissolve into her children’s personal capacities.…
Division and case type: Anti-CorruptionCivil Appeal
…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…
Division and case type: CivilCivil Appeal
…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…
Division and case type: Environment and Land CourtCivil Suit
…That his liability in the estate is only limited to the assets of the estate, that he does not stand in a position of personal guarantor to the estate or its creditors, and liability for the estate's debts cannot therefore…
…It was submitted on behalf of the Applicant that the Respondent cannot proceed to seek personal liability of the Plaintiff at the execution stage.…
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: ELC AppealsAppeal
…Whether the learned trial court rightly absolved the 2 nd respondent from liability. 3. Whether privity of contract existed between the appellant and 1 st respondent 4.…
…Whether the trial magistrate rightly absolved the 2 nd respondent from liability: 37.…
Division and case type: CivilCivil Appeal
…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…
Division and case type: CivilCase number Civil Application
…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.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: Environment and Land CourtELC Land Civil Suit
…The counsel further submitted that Jaypee and Sons Limited is a limited liability company, which is a legal person having a separate existence from its shareholders, and can sue or be sued in its name.…
…where the court cited with approval the case of Amin Akberal Manji & 2 others versus Altaf Abdulrasul Dadani & Another [2015] eKLR, where Court of Appeal pronounced itself on the issue of locus in relation to a limited liability…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: Environment and Land CourtELC Land Civil Suit
…(Application for removal of a caution; applicant contending to be a limited liability company and the registered owner of the suit land; further that the restrictions were placed by two of her deceased members; title indicating…
…that the suit land is owned by five persons and not the applicant; applicant not demonstrating any ownership of the suit property nor even her existence as a limited liability company; in any event the persons who placed…
Division and case type: Environment and Land CourtCivil Suit
…The Plaintiffs have not pleaded any facts demonstrating that acted for personal gain, maliciously, outside the scope of my official mandate or in a manner warranting personal liability in law.…
…That unless this Honourable Court intervenes and corrects the pleadings at this stage, he stands to suffer undue prejudice by being subjected to personal liability for acts not attributable in law.…