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…citing 4 grounds of appeal namely that the learned senior Resident Magistrate erred in law and in fact in failing to find that the plaintiff contributed to the said accident and thereby arrived at an erroneous decision on liability…

…I find that liability was well established as found by the trial magistrate that there is no denial that the respondent was an employee of the appellant and he was injured on duty and was paid workmans compensation.…

…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.…

…In our opinion, there is no legal liability on the respondent to pay any damages beyond this.…

…A defence was filed by the defendant/respondent through his firm of advocates Mbugua and Mbugua in which liability was actually denied saying that the accident occurred through inevitable circumstances or as an act of God…

…In a defence filed in this Court on 9th November, 1989 the defendant denied liability and counter-claimed that the plaintiff do pay Kshs 103,624.45 being the balance of the sum due and owing and in connection with the chattel…

…Entries in a book of account regularly kept in the course of business are admissible for matters which the court has to inquire but such statements alone are not sufficient evidence to charge a person with liability. 6.…

…of account regularly kept in the course of business are admissible wherever they refer to a matter into which the Court has to inquire, but such statements shall not alone be sufficient evidence to charge any person with liability…

…In Halsbury Laws of England, Third Edition Volume 38 at page 767 paragraph 1270, it is stated with regard to the liability of a person in the category of the second defendant as follows: “ The governor of a prison is protected…

…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…