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…There cannot be any sibling relationship as such between a limited liability company and a partnership firm.…

…In any event it is incorrect and a complete misdescription to describe a limited liability company as “a firm”.…

…No. 10684 in Njoro and that the beneficiaries of the deceased’s estate were aware of that liability.…

…He had on the 4th of October, 2004 filed a notice of amendment to his petition and indicated that the deceased estate had a liability of Kshs.1,295,000/- on account of the aforesaid deposit.…

…Liability is denied by the defendants who, however. did not turn up to testify in the matter.…

…In this regard it is pertinent that I refer to s 107 (1) and (2) which provide as follows: 107 (1) Whoever desires any Court to give judgment as to any legal right or liability dependent on the existence of facts which he…

…It is the averred in the pliantiff’s affidavit (para 8) that the defendant never questioned any of those statements of account or his liability for the amount shown on the statements.…

…or to recover from the plaintiff by way of a counterclaim, a sum of money which does not readily reduce the liability of the defendant to the plaintiff, does not entitle the defendant prevent the plaintiff from obtaining…

…He did not seem to seriously contend his client’s liability under the Transfer of the charge, but submitted that Ex A operated as an effective and valid discharge of the loan.…

…It lacks any details as to which liability was discharged. It has no details about the subject matter showing that it does appertain to the transactions in question. The company might have had several ….…

…Anyway she decided to check into a 5-star hotel and incurred a liability when from her own admission she had no intention of personally settling the account right from the beginning.…

…Mr Ojiambo who appears for Hilton has submitted before me that as the liability was incurred by the plaintiff and remains unsettled to this day Hilton is entitled to retain the jewellery until the bill is paid.…

…The defendant is a limited liability company carrying on the business of insurance brokers.…

…The reinsurers refused to pay the underwriters and repudiated liability.…

…At first the Defendant denied liability for the negligence but on the 30th October, 1991, the parties agreed that the Plaintiff was himself 10% negligent while the Defendant was 90% negligent.…

…Liability was accordingly agree on those terms and I do not have to deal with the issue of liability. Special damages were also agreed at Shs.1,150/-. What general damages should I award to the Plaintiff?…

…The trial magistrate further found that the appellant did not obtain any declaration absolving it from liability under Section 10(4) of Cap 405.…

…However, that policy even assuming that it existed, did not in any way limit the liability of the appellant. 14.…

…“Without Prejudice” meant without admission of liability but here there was express admission of liability and a proposal for payment.…

…It preceded the defence which makes total denial of liability. There is however an express admission of the debt in the letter save for interest charged and there is a proposal for payment by specied instalments.…

…The question of res IPSaLoquitus also arose in the case of Msuri Muhiddin v Nazzar Bin Saif (1960) E A 201 and there the question of what the defendant should do in order to avoid liability on a presumption of negligence…

…Sir Alistain Forbes V. – as he then was – said at page 207:- “In light of the dicta set out I accept (counsel for the respondents) proposition that the respondents can avoid liability if they can show either that there was…

…Liability 32. Having proved the fact of the accident and the demise of the Deceased as a result thereof, the next issue for determination would be the question of liability. 33.…

…On vicarious liability the Court of Appeal in the case of Tabitha Nduhi Kinyua v Francis Mutua Mbuvi & another [2014] eKLR stated as follows:- “The principle of vicarious liability is an anomaly in our law because it imposes…

…I think that such a waiver would not legally impose liability on defendant to refund the deposit contrary to the terms of the agreement of 20.11.85.…

…There would therefore be no liability against the defendant on the basis of pleadings.…

…having been found to be mere smokescreen defence and averments, they were struck out as shown and intended merely to postpone the inevitable pay-day, and as being an abuse of the process of the court; whereupon judgment on liability…

…Following that finding of liability, the plaintiff set down the case for assessment of damages. This judgment is in that respectively.…

…having been found to be mere smokescreen defence and averments, they were struck out as shown and intended merely to postpone the inevitable pay-day, and as being an abuse of the process of the court; whereupon judgment on liability…

…Following that finding of liability, the plaintiff set down the case for assessment of damages. This judgment is in that respectively.…

…In CivilApplication NO. 1871/85 in which Dugdale J. held inter alia: "The biggest problem in this case is that of vicarious liability.…

…Thereforevicarious liability cannot be attributed to the defendant and the claim mustfail". Mr.…

…The documents filed on behalf of the petitioner in response to the application have not shown any admission of liability on behalf of the company. Invoices alone do not prove any indebtedness.…

…As the goods were supplied in 1996 to 1997, the company does not show liability has ever been disputed. In the application and affidavit, they do not show they are prepared to return the goods.…

…It is his stand that since the evidence is not challenged liability is established.…

…On the assessment of evidence on liability I find that the suit is not contested and in terms of Order 6 rule 9(1) of the Civil Procedure Rules the defendant is deemed to have admitted the allegations of the plaintiff save…

…I find that the evidence before me that liability has been admitted by the defendants at 85%. None of the parties mentioned whether the defendants No. 2 and 3 were prosecuted as stated in the plaint.…

…I hereby enter judgement for the plaintiff against the defendant on liability at the ratio of 15.85% as agreed by the parties.…