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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”.…

…Consequently, the second defendant denied vicarious liability. The parties then agreed on a statement of facts, and having called no evidence, put forward their arguments.…

…Securicor has challenged its vicarious liability.…

…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…

…In tortious liability it is enough for a plaintiff to establish that he act or omissions of the defendant, and in the case of vicarious liability of his servants or agents, created the situation which obliged him to take…

…I would allow the appeal on the issue of 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?…

…“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.…

…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…

…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…

…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.…

…However, during the course of the hearing it occurred to me that the claim to recover, treble the value of the goods sold was a liability imposed purely by statute and that on the authority of Barraclough v Brown & others…

…I am strengthened in this view by the clear distinction between the liability imposed by section 7 and the right to recover bestowed by section 8 and 10 of the said Act.…

…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%.…

…Paragraph 7 states:- "Despite written demand having been made andnotice of intention to sue having been given,the Defendant has failed to admit liability orto pay damages to the Plaintiff."…

…The Plaintiff never mentioned such notice nor did he produce such documents by way of letters or notices written to the Defendant that they were requested to admit liability or be sued.…

…In my judgment, therefore, the issue of liability was already settled ( in favour of the plaintiff of course) by the time the judge embarked on the task of assessment of damages.…

…The plaintiff’s suit could not be dismissed as liability had been admitted. No injustice would have been occasioned to either party if the judge had proceeded along the lines I have suggested.…

…attachment of a defendant’s property before judgement because as the court of Appeal stated in Kana Kanyoro v Francis Nderu and Others CA 142/87 “It is hardly consistent wi th justice to exact “punished” before the defendant’s liability…

…to execution is established but also because in view of the hardy and time consuming process of the courts, the rights and liabilities of the parties may not be determined for a long time, pos sibly years.”…

…Originally the defendant instructed Messrs Bryson Inamdar & Bowyer who filed a defence denying liability.…

…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…

…Each of the two defendants filed their written statements of defence denying their liability to the plaintiff but the court need not narrate these defences because when the suit came up for hearing Mr Juma appearing for both…

…the defendants indicated to the court that the defendants have now admitted liability and that the court should only decide the quantum of general and special damages.…

…Each of the two defendants filed their written statements of defence denying their liability to the plaintiff but the court need not narrate these defences because when the suit came up for hearing Mr Juma appearing for both…

…the defendants indicated to the court that the defendants have now admitted liability and that the court should only decide the quantum of general and special damages.…

…After considering the evidence offered I find that the liability is on 100% basis. There being no contradictory evidence on loss of expectation of life the deceased was 51 at time of death and was due to retire at 55.…