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…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.…

…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.…

…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.…

…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.…

…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.…

…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…

…(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…

…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.…

…It was submitted that the judgment is not a personal liability as per Sections 4 and 17 of the Government Proceedings Act. 20.…

…A judicial officer is immune to liability while undertaking his official duty whether his decision is correct or otherwise.…

…court did direct the respondent to voluntarily vacate the suit property, the consequences of failure to vacate the suit property within the time ordered by the court were clearly stated as attachment of the 1st respondent liability…

…with the appellant that this court did not issue any order to the effect that failure to vacate the suit property within the time ordered by the court would attract consequences other than the accruing of the respondent’s liability…

…That in Succession Cause no.499/2008 the Defendant was never a creditor/liability to the said estate. Through the succession, he neither objected nor protested to the said succession and/or mode of distribution.…

…That ELC 322/2009 was filed in a bid to protect the estate of the deceased from further calculated trespass and intermeddling activities of the deceased Plaintiff who was neither a Beneficiary nor a creditor/liability of…

…Black law dictionary defines indemnity as “(1) A duty to make good any loss or damage or liability incurred by another party. (2) The right of an injured party to claim reimbursement for its loss or damage or liability from…

…a person who has such a duty. (3) Reimbursement or compensation for loss, damage or liability in tort.”…

…Section 107 of the Evidence Act provides that “whoever desires any court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts must prove that those facts exist.”…

…In James Muigai Thungu vs County Government of Trans-Nzoia & 2 others (2022) eKLR it was held that; “It is now settled law that whosoever asserts the existence of a legal right or liability is vested with the burden to prove…

…Section 107 of the Evidence Act provides that “whoever desires any court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts must prove that those facts exist.”…

…In James Muigai Thungu vs County Government of Trans-Nzoia & 2 others (2022) eKLR it was held that; “It is now settled law that whosoever asserts the existence of a legal right or liability is vested with the burden to prove…

…The Court of Appeal later reviewed the case, modifying the allocation of liability and revising the award of damages. 2.…

…The Supreme Court on 06.12.2024 upheld the Court of Appeal’s determination on Liability but set aside the award of damages.…

…belonging to the estate of the deceased when it took over the liabilities and assets of the 3rd Respondent. 21.…

…The Appellant assumed what it described as “certain assets and liabilities” from the 3rd Respondent. 31.…

…The Appellant contends that no liability at all was established against it; the Respondents, by their cross-appeal, contend that the award was inordinately low and ought to be enhanced to reflect the market value of their…

…Its core averments were: that it was incorporated as a limited liability company on 2nd December 2008 and was therefore not in existence in 1983 and could not have entered the suit land or erected power lines thereon; that…

…Be that as it may, the Appellants did not produce any evidence to prove this liability except photos of cracks which were undated.…

…Section 107 of the Evidence Act provides that “whoever desires any court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts must prove that those facts exist.”…

…Section 107 of the Evidence Act provides that “whoever desires any court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts must prove that those facts exist.”…

…In James Muigai Thungu vs County Government of Trans-Nzoia & 2 others (2022) eKLR it was held that; “It is now settled law that whosoever asserts the existence of a legal right or liability is vested with the burden to prove…