[1999] KEHC 103 (KLR)
The court found that the defendant insurance company was duly notified of the proceedings in the subordinate court and failed to enter appearance or file a defence in the present suit. The plaintiff obtained a decree in the subordinate court, and the defendant issued a discharge voucher but failed to pay. The court...
Source-derived case information.
- Citation
- [1999] KEHC 103 (KLR)
- Parties
- Plaintiff: Charles Kamira Mbugua; Defendant: Stallion Insurance Co. Ltd.
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 2469 of 1998
- Procedural Posture
- Civil Case / Judgment
- Outcome
- judgment for the plaintiff; declaration of liability against the defendant
- Legal Topics
- Declaratory Suit, Insurance Liability, Bodily Injury Compensation, Default Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Kamira Mbugua
Plaintiff
Stallion Insurance Co. Ltd.
Defendant
Procedural Posture
Civil Case / Judgment
Legal Issues
- 1 Whether the defendant insurance company is liable to compensate the plaintiff for bodily injuries suffered in the accident of 25.10.94.
- 2 Whether the defendant is bound to satisfy the decree issued in RMCC 3567/96 on 8.6.98.
Ratio Decidendi
The court found that the defendant insurance company was duly notified of the proceedings in the subordinate court and failed to enter appearance or file a defence in the present suit. The plaintiff obtained a decree in the subordinate court, and the defendant issued a discharge voucher but failed to pay. The court held that the defendant is bound by law to compensate the plaintiff for the bodily injuries suffered and to satisfy the decree issued in RMCC 3567/96. The court therefore entered judgment for the plaintiff, declared the defendant liable to compensate the plaintiff, and awarded costs and interest on the decretal amount from the date of the lower court judgment until payment in...
Court Disposition
judgment for the plaintiff; declaration of liability against the defendant
Orders
- The defendant shall compensate the plaintiff for bodily injuries suffered on 25.10.94 to satisfy the decree in RMCC 3567/96 delivered on 8.6.98.
- The defendant shall pay the costs of this suit.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (MILIMANI LAW COURTS)
CIVIL CASE 2469 OF 98
CHARLES KAMIRA MBUGUA .................................. PLAINTIFF
VERSUS
STALLION INSURANCE CO. LTD. ........................ DEFENDANTS
JUDGMENT
This is a declaratory suit where the plaintiff prays that the court make declaration that the defendant should compensate the plaintiff for bodily injuries he suffered and to satisfy the decree passed in the RMCC 3567/96 on 8. 6.98.
The plaintiff has come to court and given evidence on oath.
The defendant failed to enter appearance or file defence on the case.
Interlocutory judgement was duly entered against the defendant on 11. 12. 98.
The advocate for the plaintiff in his submission and evidence from the plaintiff that the plaintiff had an accident, broke his left leg.
He sued the driver and owner of the vehicle in the subordinate courts.
Judgement was given in his favour. The Insurance company were duly given notice prior to the subordinate court suit being instituted on 5. 12. 95 (Exh P1).
A decree was obtained from the subordinate court (Exh.P 2) and the Insurance Company gave a discharge voucher to the Plaintiff (Exh.P3) but failed to make payment. I am satisfied that the defendants are bound to compensate the plaintiff. This matter has been pending since 1997. I hereby enter judgement for the plaintiff and make a declaration that the plaintiff be compensated by the defendants for bodily injuries suffered on 25. 10. 94 to satisfy the decree in RMCC 3567/96 delivered on 8. 6.98.
I award costs of this suit.
I also award interest on the decretal amount from the date of judgment of the lower courts at court’s rate till payment in full.
Dated this 22nd day of April, 1999 at Nairobi.
M.A. ANG’AWA
JUDGE