Case law
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Division and case type: CivilCivil Case
…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…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…Liability for the accident is not in dispute. It was agreed between the parties that the liability of the appellants was to be 80%. The learned judge did not reduce the figure of damages he awarded by 20%.…
…The upshot of all this is that this appeal is allowed and damages awarded in the sum of shs.960,000/= are reduced to shs.350,000/= and further reduced by 20%, as the appellants' liability was 80%.…
Division and case type: CivilCivil Appeal
…In our opinion, there is no legal liability on the respondent to pay any damages beyond this.…
Division and case type: CriminalCriminal Case
…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…
Division and case type: CivilCivil Case
…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…
Division and case type: CivilCivil Appeal
…Therefore, the proceedings were privileged under the National Assembly (Powers and Privileges) Act, and did not attract civil or criminal liability.…
…The applicants submit that the proceedings were privilegedunder the National Assembly (Powers and Privileges) Act (Cap. 6, Laws ofKenya), and did not attract civil or criminal liability; and hence the Courts have no jurisdiction…
Division and case type: CivilCivil Appeal
…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…