Search court decisions

….…………...1 ST PETITIONER EDWIN HAROLD DAYAN DANDE…………………………2 ND PETITIONER AND THE DIRECTOR GENERAL BUSINESS REGISTRATION SERVICE…………………...1 ST RESPONDENT THE REGISTRAR OF LIMITED LIABILITY PARTNERSHIPS……………………………...2 ND RESPONDENT…

…The facts giving rise to the petition as amended are that the 1 st Petitioner being a law firm duly incorporated under the provisions of the Limited Liability Partnership Act, No. 42 of 2011 was issued with a Certificate…

…By its petition filed in this court on 16th April, 1991, Kenya Shell Limited, a limited liability company (hereinafter called the petitioner ) seeks an order for winding up of East African Road Services Limited, a limited…

…liability company with its registered office in Nairobi (here in after called the company) on the grounds that the company is unable to pay its debts ( s.219 (e) of the Companies Act).…

…The court was unable to attribute liability on the respondents.…

…There is no indication on its face about liability for the accident.…

…The learned trial magistrate apportioned liability at 50:50. 2. The appellant was dissatisfied with the judgment on liability and filed this appeal through TMJ Advocates LLP.…

…It is trite law that no liability can be apportioned without fault.…

…The learned trial magistrate apportioned liability at 50:50. 2. The appellant was dissatisfied with the judgment on liability and filed this appeal through TMJ Advocates LLP.…

…It is trite law that no liability can be apportioned without fault.…

…The 3rd respondent submits on liability, quantum and costs. 10. There are only 2 issues for determination, on liability and quantum. 11.…

…Where the claim is unliquidated, the settlement of the 2 issues, that is liability and quantum, would be separated, so that liability would be settled upon entry of the interim or interlocutory judgement, to await assessment…

…The particulars of the offence were that on or about the 30th of June, 2015, being the directors of a limited liability company, a company secretary of a limited liability company and a limited liability company respectively…

…The particulars of the offence were that on or about the 30th of June, 2015, being the directors of a limited liability company, a company secretary of a limited liability company and a limited liability company respectively…

…However, in a purely several liability each tortfeasor is only liable to settle the sum due to the tune of his liability.…

…liability.…

…E186 of 2023 was the test suit on liability wherein the Adjudicator apportioned liability at 80% against the 2nd respondent and 20% against the 1st appellant herein. 10.…

…E186 of 2023 as the test suit, once liability was determined, the parties were bound by that finding on liability. 33.…

…E186 of 2023 was the test suit on liability wherein the Adjudicator apportioned liability at 80% against the 2nd respondent and 20% against the 1st appellant herein. 10.…

…E186 of 2023 as the test suit, once liability was determined, the parties were bound by that finding on liability. 33.…

…E186 of 2023 was the test suit on liability wherein the Adjudicator apportioned liability at 80% against the 2nd respondent and 20% against the 1st appellant herein. 10.…

…E186 of 2023 as the test suit, once liability was determined, the parties were bound by that finding on liability. 33.…

…There are only 2 issues for determination: liability and loss of dependency. 6. The liability issue is fairly straightforward. Interlocutory judgement was entered, on 31st October 2022.…

…A default or interlocutory judgement, in matters of this nature, personal injury, is, in fact, a judgement on liability. It resolves the issue of liability, leaving the issue of damages to be resolved at formal proof.…

…(iii) The Learned Trial Magistrate erred in law and fact by failing to appreciate that liability in negligence and vicarious liability is founded on control and possession, and not mere historical ownership.…

…On the issue of liability , the cross-Appellant submitted that the trial court-imposed liability without proof of negligence and without evidence establishing breach of duty or causation.…

…The Defendant (Appellant) denied liability, contending that the motor vehicle had been sold to a third party, Alice Wairimu Mungai, and that, if any, the liability rested with her.…

…The Appellant failed to establish a control or employment relationship, so vicarious liability was not proven, demonstrating the Court''s thorough evaluation of liability issues.…

…I turn to the issue of liability, which this court finds astonishing.…

…that they reiterate their submissions on liability as made before the lower court.…

…Failing to properly weigh the Plaintiff’s and Defence evidence on a balance of probabilities before determining liability. iii.…

…Whether the Trial Court Erred in Apportioning Liability at 80:20 against the Appellant 23. The trial magistrate in the present case apportioned liability at 80:20 in favour of the appellant.…

…However, in a purely several liability each tortfeasor is only liable to settle the sum due to the tune of his liability.…

…individual liability.…

…INTRODUCTION The appellant challenges the judgment of the Lower court on both liability and quantum.…

…Respondents counsel has submitted that this appeal is not merited and should be dismissed on both liability and quantum. On liability the respondent has referred the court to the evidence of PW1 , PW2 and PW3.…